Appellate Division: Second Judicial Department

M247775

E/afa

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2016-11374 MAAD Construction, Inc., respondent, v Cavallino Risk Management, Inc., appellant, et al., defendants. (Index No. 602276/15)

ORDER TO SHOW CAUSE

2017-11634

MAAD Construction, Inc., appellant,

v Cavallino Risk Management, Inc., respondent,

et al., defendants.

(Index No. 602276/15)

Motion by MAAD Construction, Inc., to consolidate appeals from two orders of the Supreme Court, Nassau County, entered October 11, 2016, and September 20, 2017, respectively.

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 motion is denied; and it is further,

ORDERED that on the Court's own motion, the parties to the appeals 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 entered October 11, 2016, on the ground that the appeal from that order has been rendered academic by the order entered September 20, 2017, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 13, 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 to the appeals by regular mail.

LEVENTHAL, J.P., MILLER, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court