Appellate Division: Second Judicial Department

M227133

E/afa

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-04255, 2015-04257 In the Matter of Joseph Bono, respondent, v Franny Lew Properties, LLC, et al., appellants. (Index No. 706501/14)

ORDER TO SHOW CAUSE

Motion by the appellant Franny Lew Properties, LLC, on appeals from two orders of the Supreme Court, Queens County, entered April 16, 2015, and April 23, 2015, respectively, to withdraw its appeal from the order entered April 16, 2015.

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

ORDERED that the motion is granted, and the appeal by the appellant Franny Lew Properties, LLC, from the order entered April 16, 2015, is deemed withdrawn; and it is further,

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals by Dimitrios Malaxianis from the orders entered April 16, 2015, and April 23, 2015, on the ground that those appeals have been rendered academic because the underlying action has settled, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before March 27, 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 by regular mail.

RIVERA, J.P., ROMAN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court