| Matter of Neiss, also known as Niss v Asia |
| Motion No: 2017-01733 |
| Slip Opinion No: 2017 NY Slip Op 85059(U) |
| Decided on September 6, 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
M237187
J/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2017-01733 In the Matter of Yecheskel Neiss, also known as Yecjskel Niss, etc., et al., respondents, v Joseph Asia, appellant. (Index No. 12113/15)
| 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 November 17, 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 no appeal lies as of right from an order that 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 October 5, 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, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court