Appellate Division: Second Judicial Department

M244371

E/rr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-00178 In the Matter of Fran Stemmler, et al., petitioners, v Axel Spring and Brake, Inc., et al., respondents. (Index No. 705661/17)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated November 1, 2017.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated November 1, 2017, in the above-entitled action on the ground that the description of the appealing parties as "the above named defendants" contained in the notice of appeal filed by Daniel Tanon, Esq., does not properly designate the parties taking the appeal (see CPLR 5515[1]), 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 February 8, 2018, or, if Fran Stemmler and Lorraine Parente, the parties represented by Daniel Tanon, Esq., be so advised, to make a motion to correct the notice of appeal to reflect that they are proper party appellants (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001), on or before February 8, 2018; 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.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court