| 722 Levonia Ave., LLC v Gabriel Russell |
| Motion No: 2016-01424 KC |
| Slip Opinion No: 2018 NY Slip Op 85333(U) |
| Decided on September 27, 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
| 722 Levonia Ave., LLC, Respondent, v Gabriel Russell, Appellant; Eunice Russell, Nonparty-Appellant. |
Motion by respondent on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered February 9, 2016, to vacate a stay granted by decision and order on motion of this court dated September 15, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the stay is vacated; and it is further,
ORDERED, on the court's own motion, that the parties show cause before this court why the appeal should or should not be dismissed for lack of prosecution, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 19, 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