Appellate Division: Second Judicial Department

M277149

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2020-04803 Bruce Hershfield, et al., appellants-respondents, v Jonathan Davidoff, respondent-appellant, Stefanie Davidoff, respondent. (Index No. 65964/2018)

ORDER TO SHOW CAUSE

Appeal and cross appeal from a decision of the Supreme Court, Westchester County, dated April 30, 2020. Motion by the respondent-appellant to dismiss the appeal on the ground that the joint record contains memoranda of law and to extend the time to serve and file a brief. Application by the respondent-appellant pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file an answering brief, including the points on the cross appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 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 and cross appeal on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by efiling a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before June 21, 2021; and it is further,

ORDERED that the respondent-appellant's motion and the application are held in abeyance in 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 by uploading a copy of this order to show cause to the NYSCEF system.

AUSTIN, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court