Metro Foundation Contractors, Inc v M.A, Angeliades, Inc.
Motion No: 2022-04260
Slip Opinion No: 2023 NY Slip Op 75841(U)
Decided on October 27, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M291864

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

2022-04260

Metro Foundation Contractors, Inc., appellant,

v M.A. Angeliades, Inc., et al., respondents,

et al., defendants.

(Index No. 718216/2020)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated November 19, 2021. Motion by the appellant to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED on the Court's own motion, that the parties 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 on the ground that no appeal lies as of right from an order denying reargument, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before November 27, 2023; and it is further,

ORDERED that the motion is held in abeyance in the interim; and it is further,

ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by uploading a copy of this order to show cause to the NYSCEF system.

CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court