Appellate Division: Second Judicial Department

M213264

S/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2015-08955 Anthony Ayler, respondent, v Denise Bodden, et al., defendants, Myrtle Avenue Builders, LLC, appellant. (Index No. 19452/09)

ORDER TO SHOW CAUSE

2015-09220

Denise Bodden, respondent,

v Myrtle Owner, LLC, et al., defendants,

Myrtle Avenue Builders, LLC, appellant.

(Index No. 27654/10)

Motion by Denise Bodden on appeals from two orders of the Supreme Court, Kings County, both dated May 15, 2015, to dismiss the appeal by Myrtle Avenue Builders, LLC, under Appellate Division Docket No. 2015-08955, on the ground that the notice of appeal was not timely served or filed.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion the parties are directed to show cause why an order should or should not be entered dismissing both appeals on the ground that the orders dated May 15, 2015, are neither appealable by right or by permission as they were entered ex parte as against the appellant Myrtle Avenue Builders, LLC (see CPLR 5701; 5704), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before July 1, 2016, and by filing one copy of the same on each other; and it is further,

ORDERED that Denise Bodden's motion to dismiss the appeal is held in abeyance in the interim: and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties by regular mail.

LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court