Appellate Division: Second Judicial Department

M228688

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-11590 Roy Tucillo, appellant, v Town of North Hempstead, et al., respondents. (Index No. 9012/13)

ORDER TO SHOW CAUSE

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an undated purported judgment of the Supreme Court, Nassau County.

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 the parties to the appeal are directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the purported judgment is, in effect, a clerk's extract of the minutes of a jury verdict and no appeal lies from a clerk's extract of the minutes of a jury verdict (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before May 1, 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, 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