| X&Y Development Group, LLC v Epic Tower, LLC |
| Motion No: 2018-04354 |
| Slip Opinion No: 2018 NY Slip Op 80984(U) |
| Decided on August 21, 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
M254162
E/mm
MARK C. DILLON, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
|
2018-04354 X & Y Development Group, LLC, appellant, v Epic Tower, LLC, et al., respondents, et al., defendant. (Index No. 707065/16)
| ORDER TO SHOW CAUSE |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered February 26, 2018.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the parties to the appeal are directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice, and leave to appeal has not been granted (see CPLR 5701), by filing an affirmation or affidavit on those issues with the Clerk of this Court on or before September 6, 2018; and it is further,
ORDERED that the application is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties to the appeal by regular mail.
DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court