| Ganach, doing business as Midwood Collision v Milloul |
| Motion No: 2016-09463 |
| Slip Opinion No: 2017 NY Slip Op 66544(U) |
| Decided on March 8, 2017 |
| 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
M227330
E/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-09463 Asher Ganach, doing business as Midwood Collision, etc., appellant, v Charles Milloul, et al., respondents. (Index No. 502586/16)
| ORDER TO SHOW CAUSE |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 9, 2016.
Upon the papers filed in support of 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 order dated August 9, 2016, is not appealable as of right as it is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before March 29, 2017, and by serving one copy of the same on each other; and it is further,
ORDERED that the application 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.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court