Appellate Division: Second Judicial Department

M249872

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-10835, 2017-11316, 2017-11317, 2017-11318 Meredith Bernstein, appellant-respondent, v Mark Bernstein, respondent-appellant; Law Offices of Eyal Talassazan, P.C., nonparty-respondent. (Index No. 201141/14)

ORDER TO SHOW CAUSE

Application by Meredith Bernstein pursuant to 22 NYCRR 670.8(d)(2) for a 90-day enlargement of the time to perfect her appeal from an order of the Supreme Court, Nassau County, dated August 23, 2017 (Appellate Division Docket No. 2017-10835). Separate application by Mark Bernstein to enlarge the time to perfect his cross appeal from the order dated August 23, 2017 (Appellate Division Docket No. 2017-10835), his appeal from an order of the same court also dated August 23, 2017 (Appellate Division Docket No. 2017-11316), and his appeals from two decisions and orders (one paper each) of the same court also dated August 23, 2017 (Appellate Division Docket Nos. 2017-11317, 2017-11318).

Upon the papers filed in support of the application by the appellant-respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application by the respondent-appellant and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, so much of an order on application of this Court, entitled "[i]n the Matter of Applications for Extensions of Time" dated May 1, 2018, as granted the application by Meredith Bernstein and extended the time to perfect the appeal from the order under Appellate Division Docket No. 2017-10835 is recalled and vacated; and it is further,

ORDERED that on the Court's own motion, the parties to the appeals and cross appeal are directed to show cause before this Court why an order should or should not be made and entered dismissing (1) the appeals from the decisions and orders in the above-entitled action on the grounds that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), and (2) the appeal and cross appeal from the order under Appellate Division Docket No. 2017-10835 and the appeal from the order under Appellate Division Docket No. 2017-11316 on the ground that no appeal or cross appeal lies from orders that determine a motion to reargue or renew a decision (see DeFalco v JRS Confectionary, 118 AD2d 752, 753; Zabezhanskaya v. Dinhofer, 2 A.D.3d 521), 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 June 1, 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.

ORDERED that the applications are held in abeyance in the interim.

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

ENTER:

Aprilanne Agostino

Clerk of the Court