| Larsen v Ciolli, doing business as Grimaldi's Pizzeria |
| Motion No: 2016-12480 |
| Slip Opinion No: 2016 NY Slip Op 95409(U) |
| Decided on December 28, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M223770
J/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-12480 Robert Larsen, respondent, v Frank Ciolli, doing business as Grimaldi's Pizzeria, appellant, et al., defendants. (Index No. 150771/13)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated December 22, 2016, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal by Frank Ciolli, doing business as Grimaldi's Pizzeria, from a purported order of the Supreme Court, Richmond County, dated and entered October 24, 2016.
On the Court's own motion, it is
ORDERED that the parties to the appeal are directed to show cause why the appeal should or should not be dismissed on the ground that there was no order of the Supreme Court, Richmond County, dated and entered October 24, 2016, in the above-entitled action (see CPLR 2219), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before January 18, 2017, and by serving one copy of the same on each other; and it is further,
ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause on the parties to the appeal by regular mail.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court