| Bernstein Ny 7 Corp. v Audrey A. Thomas, Et Al. |
| Motion No: 2018-02133 KC |
| Slip Opinion No: 2019 NY Slip Op 86561(U) |
| Decided on December 10, 2019 |
| 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
| Bernstein NY 7 Corporation, Respondent, v Audrey A. Thomas, et al., Appellants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 14, 2018.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the appeal should or should not be dismissed on the ground that the right of direct appeal from the intermediate order terminated with the entry of a final judgment on May 2, 2019 (see Matter of Aho, 39 NY2d 241, 248 [1976]) and on the further ground that no appeal as of right lies from an order determining an oral application (see CCA 1702), or, in the alternative, why appellant's notice of appeal from the order entered September 14, 2018 should or should not be deemed a premature notice of appeal from so much of the final judgment of that court entered May 2, 2019 as is against appellant to the extent that the final judgment raises issues concerning that order (see CPLR 5520 [c]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before January 7, 2020; 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 or their attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk