Appellate Division: Second Judicial Department

M251132

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2017-11394 Sweet Constructors, LLC, appellant, v Wallkill Medical Development, LLC, et al., respondents. (Index No. 7976/09) 2017-11395 Sweet Constructors, LLC, appellant, v Wallkill Medical Development, LLC, et al., respondents. (Index No. 7976/09)

ORDER TO SHOW CAUSE

Motion by the respondents, inter alia, in effect, to recall and vacate so much of an order on application of this Court dated May 3, 2018, as granted the appellant's separate applications pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Dutchess County, both dated September 5, 2017, and to dismiss the appeals for failure to timely perfect. Separate motion by the appellant to consolidate the appeals. Separate applications by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that the respondents' motion is denied; and it is further,

ORDERED that on the Court's own motion, 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 second order dated September 5, 2017, pending under Appellate Division Docket No. 2017-11395, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, 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 29, 2018; and it is further,

ORDERED that the appellant's motion and the applications are 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 by regular mail.

DILLON, J.P., ROMAN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court