Appellate Division: Second Judicial Department

M269619

E/sl

ALAN D. SCHEINKMAN, P.J.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2019-05301 Louis Kestenbaum, et al., respondents, v Julie Globus, defendant; Eugene Volokh, nonparty-appellant. (Index No. 516803/18)

ORDER TO SHOW CAUSE

2019-07830, 2019-07831

Louis Kestenbaum, et al., respondents,

v Julie Globus, defendant; Eugene Volokh,

nonparty-appellant.

(Index No. 516803/18)

Motion by the nonparty-appellant for leave to file his brief and one volume of the nonparty-appellant's appendix under seal on appeals from three orders of the Supreme Court, Kings County, dated March 15, 2019, May 29, 2019, and June 4, 2019, respectively, to extend the time to perfect the appeals, for a preference in the calendaring of the appeals, and to be excused from participation in the mediation requirement for civil appeals. Application by the nonparty-appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and 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 branches of the motion which are for leave to file the nonparty-appellant's brief and one volume of the nonparty-appellant's appendix under seal, for a preference in the calendaring of the appeals, and to be excused from participation in the mediation requirement for civil appeals are denied; and it is further,

ORDERED that on the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the appeals do not present a justiciable controversy (see Matter of Acevedo v New York State Dept. of Motor Vehicles, 29 NY3d 202; New York Public Interest Research Group, Inc. v Carey, 42 NY2d 527), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 5, 2020; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals and the application for that relief 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 to the appeals by regular mail.

SCHEINKMAN, P.J., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court