| Eighteen Props., LLC v Matt P. Schoch |
| Motion No: 2018-00577 KC |
| Slip Opinion No: 2018 NY Slip Op 69194(U) |
| Decided on March 30, 2018 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
ORDER TO SHOW CAUSE
| Eighteen Properties, LLC, Respondent, v Matt P. Schoch, Appellant, and Anna R. Thomas, Jennifer L. Tomaszewski, and Maureen Newman, Tenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2017. The order granted the branch of respondent's motion seeking to dismiss two affirmative defenses and denied appellant's cross motion for a stay pending certain Department of Buildings and Loft Board determinations. In a subsequent order of that court entered March 2, 2018, the court granted the branch of a motion by appellant seeking a stay and denied as premature the branch of the motion seeking to amend the answer to, among other things, reassert the stricken defenses.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal has been rendered academic by the Civil Court's March 2, 2018 order, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 23, 2018; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail.
ENTER:
Paul Kenny
Chief Clerk