Appellate Division: Second Judicial Department

M242584

E/ct

MARK C. DILLON, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-10465 RSA Catering, LLC, respondent, v Scott Schneider, et al., appellants. (Index No. 600707/17)

ORDER TO SHOW CAUSE

2017-10467

RSA Catering, LLC, respondent, v Scott

Schneider, appellant, et al., defendants.

(Index No. 600707/17)

Motion by Scott Schneider for an award of counsel fees from RSA Catering, LLC, on appeals from two orders of the Supreme Court, Nassau County, entered May 12, 2017, and September 20, 2017, respectively, and to consolidate the appeals.

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 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 cross appeal from the order entered September 20, 2017, taken on behalf of the defendants by Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara Wolf & Carone, LLP, in the above-entitled action on the ground that Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara Wolf & Carone, LLP, did not have authority to file a notice of appeal on the defendants' behalf (see CPLR 321), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before December 28, 2017, or, if RSA Catering, LLC, be so advised, to make a motion to correct the notice of cross appeal to reflect that it is the proper cross appellant (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001), on or before December 28, 2017; and it is further,

ORDERED that the branch of the motion which is for an award of counsel fees is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); 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 upon the parties by regular mail.

DILLON, J.P., SGROI, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court