Appellate Division: Second Judicial Department

M227019

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-13001 In the Matter of Nader I. Soliman, appellant, v Suffolk County Department of Public Works, respondent. (Index No. 19429/15)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated October 18, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated with entry of the final judgment on February 6, 2017 (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 23, 2017, or, if the appellant be so advised, by making a motion, on or before March 23, 2017, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from those portions of the judgment which bring the order up for review and for leave to serve and file a supplemental appendix containing the judgment; and it is further,

ORDERED that the motion and the application are held in abeyance in the interim; 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 upon the parties by regular mail.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court