Appellate Division: Second Judicial Department

M272774

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2019-10649 Slavina Gardella, respondent, v Emil Remizov, appellant. (Index No. 203399/2011)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Nassau County, dated May 23, 2019. Motion by the respondent to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record, to direct the appellant to serve and file replacements, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by uploading a digital copy of an affirmation or an affidavit, with proof of service thereof, through the digital portal on this Court's website, on or before November 27, 2020; and it is further,

ORDERED that the motion is held in abeyance on the interim; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

RIVERA, J.P., MALTESE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court