Appellate Division: Second Judicial Department

M236542

J/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-03661 Adam Hurwitz, et al., respondents, v Keith D. Silverstein, et al., appellants (and a third-party action). (Index No. 13002/10)

ORDER TO SHOW CAUSE

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision and order (one paper) of the Supreme Court, Nassau County, entered August 1, 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 the parties are directed to show cause why the appeals should or should not be dismissed on the ground that the portion of the decision and order as determined that the date of dissolution of the subject law firms was March 10, 2006, constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and no appeal lies as of right from the remaining portion of the decision and order as it was not the result of a motion made on notice, and leave to appeal has not been granted (see CPLR 5701), by filing an affirmation or affidavit on that issue with the Clerk of this Court on or before September 28, 2017; 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 his designee, shall serve a copy of this order to show cause on the parties by regular mail.

CHAMBERS, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court