Appellate Division: Second Judicial Department

M235692

E/afa

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2017-00454 Kevin Martin, appellant, et al., plaintiff, v Paul A. Costa, et al., respondents. (Index No. 52075/14)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from a purported order of the Supreme Court, Westchester County, dated November 30, 2015, as a poor person and for the assignment of counsel.

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 parties to the appeal are directed to show cause why the appeal should or should not be dismissed on the ground that there was no order of the Supreme Court, Westchester County, dated November 30, 2015, in the above-entitled action (see CPLR 2219), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before August 29, 2017, and by serving one copy of the same on each other; and it is further,

ORDERED that the appellant's motion 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.

LEVENTHAL, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court