Appellate Division: Second Judicial Department

M280926

E/sl

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-04968 Wyatt Derrick, appellant, v Air Sea Packing Group, et al., defendants; Pazer, Epstein, Jaffe & Fein, PC, nonparty- respondent. (Index No. 507638/2015)

ORDER TO SHOW CAUSE

Application pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.

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 appellant, the nonparty-respondent, and nonparty Paul Ajlouny & Associates, PC, are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action (1) on the ground that Wyatt Derrick is not aggrieved (see CPLR 5511), (2) on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and/or (3) on the ground that no appeal lies as of right from an order that does not result from a motion made on notice and leave to appeal has not been granted (see CPLR 5701), by uploading a digital copies of an affirmation or affidavit on these issues, with proof of service thereof, through the digital portal on this Court's website, on or before February 18, 2022; the appellant and nonparty Paul Ajlouny & Associates, PC, may make a motion for relief concerning this appeal, if so advised, on or before February 18, 2022; and it is further,

ORDERED that the application 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 Mischel & Horn, P.C. and Lonuzzi & Woodland, LLP, via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court