Appellate Division: Second Judicial Department

M273761

E/sl

SHERI S. ROMAN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-01009 Latoya J. Polite, appellant, v 1st American Homes, LLC, respondent. (Index No. 7028/2015)

ORDER TO SHOW CAUSE

Appeal from a decision and order (one paper) of the Supreme Court, Queens County, entered October 15, 2019. Motion by Sadia Home, Inc., inter alia, for leave to intervene on the appeal as successor-in-interest to the respondent.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the grounds that the appellant is not aggrieved by the portion of the decision and order which denied the respondent's motion pursuant to CPLR 4401 (see CPLR 5511), and the remainder of the decision and order constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before November 30, 2020; and it is further,

ORDERED that the motion by Sadia Home, Inc., 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 upon the parties, by regular mail.

ROMAN, J.P., DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court