| Dow v Consolidated Edison Company of New York, Inc. |
| Motion No: 2020-08211 |
| Slip Opinion No: 2021 NY Slip Op 69091(U) |
| Decided on July 19, 2021 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M278234
E/sl
REINALDO E. RIVERA, J.P.
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER
DEBORAH A. DOWLING, JJ.
|
2020-08211 Brenda Dow, plaintiff-respondent, v Consolidated Edison Company of New York, Inc., defendant third-party plaintiff-appellant; D'Onofrio General Contractors, Corp., third-party defendant-respondent. (Index No. 10570/2014)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Kings County, dated July 31, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the defendant third-party plaintiff-appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is granted; and it is further,
ORDERED that on the Court's own motion, the parties to the appeal 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 the right of direct appeal from the order dated July 31, 2020, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, entered October 30, 2020 (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before August 9, 2021; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal is 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 to the appeal 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., CONNOLLY, CHRISTOPHER and DOWLING, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court