| Financial Freedom Acquisition, LLC v Braunsberg |
| Motion No: 2017-03534 |
| Slip Opinion No: 2018 NY Slip Op 69561(U) |
| Decided on April 12, 2018 |
| 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
M248254
E/afa
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2017-03534 Financial Freedom Acquisition, LLC, respondent, v Linda C. Braunsberg, etc., et al., defendants, Michael P. Braunsberg, etc., nonparty-appellant.
(Index No. 41334/10)
| ORDER TO SHOW CAUSE |
2017-03535
Financial Freedom Acquisition, LLC, respondent,
v Linda C. Braunsberg, etc., et al., defendants,
Michael P. Braunsberg, etc., nonparty-appellant.
(Index No. 41334/10)
2017-03564
Financial Freedom Acquisition, LLC, respondent,
v Linda C. Braunsberg, etc., et al., defendants,
Michael P. Braunsberg, etc., nonparty-appellant.
(Index No. 41334/10)
2017-04596
Financial Freedom Acquisition, LLC, respondent,
v Linda C. Braunsberg, etc., et al., defendants,
Michael P. Braunsberg, etc., nonparty-appellant.
(Index No. 41334/10)
2017-10231
Financial Freedom Acquisition, LLC, respondent,
v Linda C. Braunsberg, etc., et al., defendants,
Michael P. Braunsberg, etc., nonparty-appellant.
(Index No. 41334/10)
Motion to enlarge the time to perfect appeals from four orders of the Supreme Court, Suffolk County, dated July 27, 2015, August 17, 2015, April 11, 2017, and August 4, 2017, respectively, and a judgment of the same court dated July 27, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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 appeals from the orders dated July 27, 2015, August 17, 2015, April 11, 2017, and the judgment in the above-entitled action on the ground that Michael P. Braunsberg is not aggrieved by those orders and judgment (see CPLR 5511; Matter of Tagliaferri v Weiler, 1 NY3d 605; Scopelliti v Town of New Castle, 92 NY2d 944), or that Michael P. Braunsberg lacked the authority to file a notice of appeal on behalf of the individual defendants, except Linda C. Braunsberg (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 May 2, 2018; and it is further,
ORDERED that the motion is held in abeyance in the interim; 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.
CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court