Appellate Division: Second Judicial Department

M233567

X/sl

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2016-06911 Lazaro Sotolongo, appellant, v Robert L. Cristofaro, etc., et al., respondents. (Index No. 55796/11)

ORDER TO SHOW CAUSE

Motion by the respondent Robert L. Cristofaro, in effect, for leave to renew his prior motion to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered May 31, 2016, insofar as taken against him on the ground that it was untimely taken, which was determined by decision and order on motion of this Court dated October 27, 2016. Motion by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition 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 judgment entered May 31, 2016, must be vacated as it is merely a duplicate of a judgment entered May 18, 2016 (see Matter of Guarraci, 100 AD3d 633; Kraut v New York City Tr. Auth., 306 AD2d 383; CPLR 5016[b]), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before July 31, 2017, without prejudice to the appellant, if so advised, moving on or before July 31, 2017, pursuant to CPLR 5512 to deem his notice of appeal from the judgment entered May 31, 2016, to be a notice of appeal from the judgment entered May 18, 2016, insofar as it is in favor of the defendant Elliot G. Gross; and it is further,

ORDERED that the motions are 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., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court