Appellate Division: Second Judicial Department

M278891

E/sl

LEONARD B. AUSTIN, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2020-07701 Leonard Scarola, etc., et al., respondents, v Lawrence Bernard, etc., et al., appellants, et al., defendant. (Index No. 612520/2017)

ORDER TO SHOW CAUSE

Appeal from an amended order of the Supreme Court, Suffolk County, dated October 2, 2020. Motion by the respondents, inter alia, to dismiss the appeal on the ground that the record is inadequate, to direct the appellants to serve and file a supplemental record, and for an award of an attorney's fee and costs.

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 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 no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), by uploading a copy of an affidavit or affirmation on that issue via NYSCEF, on or before September 29, 2021; and it is further,

ORDERED that the motion is 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 appeal, by uploading a copy of this order to show cause via NYSCEF.

AUSTIN, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court