| Matter of Clancy v Bortolis |
| Motion No: 2022-03191 |
| Slip Opinion No: 2022 NY Slip Op 74087(U) |
| Decided on November 4, 2022 |
| 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
M285766
AFA/
COLLEEN D. DUFFY, J.P.
FRANCESCA E. CONNOLLY
PAUL WOOTEN
JANICE A. TAYLOR, JJ.
|
2022-03191 In the Matter of Jeffrey B. Clancy, et al., petitioners-respondents, v John Bortolis, respondent-appellant, et al., respondents. (Index No. 373/2019)
| ORDER TO SHOW CAUSE |
2022-07526
In the Matter of Jeffrey B. Clancy, et al.,
petitioners-respondents, v John Bortolis,
respondent-appellant, et al., respondents.
(Index No. 373/2019)
Appeals from two orders of the Supreme Court, Nassau County, dated March 29, 2022, and August 2, 2022, respectively. Motion by the appellant to stay enforcement of the order dated March 29, 2022, pending hearing and determination of the appeals, to consolidate the appeals, and to extend the time to perfect the appeals.
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 to stay enforcement of the order dated March 29, 2022, is denied; and it is further,
ORDERED that on the Court's own motion, the parties to the appeals 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 dated March 29, 2022, 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 copy of an affirmation or affidavit on that issue, via NYSCEF, on or before December 5, 2022; the appellant may make a motion for relief concerning that appeal, if so advised, on or before December 5, 2022; and it is further,
ORDERED that the branches of the motion which are to consolidate the appeals and to extend the time to perfect the appeals are held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause upon the parties to the appeals by uploading a copy of this order to show cause to the NYSCEF system.
DUFFY, J.P., CONNOLLY, WOOTEN and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court