Appellate Division: Second Judicial Department

M259591

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-07334 Marta Barrera, et al., appellants, v Liberty Lines Transit, Inc., et al., respondents. (Index No. 52460/18)

ORDER TO SHOW CAUSE

Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief on an appeal from a purported order of the Supreme Court, Westchester County, dated May 7, 2018.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the above-referenced appeal on the grounds that (1) the purported order dated May 7, 2018, annexed to the notice of appeal is not an order within the meaning of CPLR 2219(a), as, among other things, it does not state the court of the judge who signed it or where it was signed, fails to recite the motion papers used on the motion, and fails to clearly give a direction or detail as to what is being decided, (2) there is no order of the Supreme Court, Westchester County, dated May 7, 2018, as recited in the notice of appeal, and/or (3) the appeal is not properly before this Court as the order annexed to the notice of appeal contains a caption and Index Number corresponding to a case pending in the Supreme Court, Bronx County, (see NY Constitution article VI, § 4(a); CPLR 511[d]), 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 February 21, 2019; 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, is directed to serve a copy of this order to show cause upon the parties by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court