Appellate Division: Second Judicial Department

M280985

E/mb

VALERIE BRATHWAITE NELSON, J.P.

SHERI S. ROMAN

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2021-01592, 2021-01593 Tsz-Yin Yeung, etc., et al., appellants, v Lisa Yeung-Chau, et al., respondents. (Index No. 617033/2019)

ORDER TO SHOW CAUSE

2021-05085

Tsz-Yin Yeung, etc., et al., appellants,

v Lisa Yeung-Chau, et al., respondents.

(Index No. 617033/2019)

Appeals from three orders of the Supreme Court, Nassau County, entered August 18, 2020, December 14, 2020, and June 9, 2021, respectively. Motion by the appellants to consolidate the appeals from the orders entered August 18, 2020, and December 14, 2020, with the appeal from the order entered June 9, 2021. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeals from the orders entered August 18, 2020, and December 14, 2020.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 appeal from the order entered August 18, 2020, is dismissed, without costs or disbursements, on the ground that the order did not decide the pending motions (see Katz v Katz, 68 AD2d 536, 543-544) and any other determination was not the result of a motion made on notice (see CPLR 5701); and it is further,

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the appeal from the order entered December 14, 2020, on the ground that the order entered December 14, 2020, has been superseded by an order of the Supreme Court, Nassau County, dated February 9, 2021, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before February 18, 2022; and it is further,

ORDERED that the appellants' motion and the application are denied as academic with respect to the appeal from the order entered August 18, 2020, and otherwise 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.

BRATHWAITE NELSON, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court