Appellate Division: Second Judicial Department

M300676

KS/

MARK C. DILLON, J.P.

PAUL WOOTEN

BARRY W. WARHIT

LILLIAN WAN, JJ.

2023-10520 Tara Fitzgerald, appellant-respondent, v Monroe Beach Inc., et al., defendants third-party plaintiffs respondents-appellants; Lined Up Construction, Inc., defendant third- party defendant-respondent. (Index No. 610515/2021)

ORDER TO SHOW CAUSE

2024-05972

Tara Fitzgerald, respondent-appellant,

v Monroe Beach Inc., et al., defendants

third-party plaintiffs appellants-respondents;

Lined Up Construction, Inc., defendant third-

party defendant.

(Index No. 610515/2021)

Appeals and cross-appeals from two orders of the Supreme Court, Nassau County, dated September 26, 2023, and March 5, 2024, respectively. Motion by Tara Fitzgerald for leave to appeal to this Court from so much of the order dated September 26, 2023, as precluded her from seeking certain damages at trial, to consolidate the appeals and cross-appeals, and to extend the time to perfect her appeal from the order dated September 26, 2023. Cross-motion by Monroe Beach Inc. and Monroe Beach Owners Corp. for leave to appeal to this Court from so much of the order dated September 26, 2023, as severed the third-party action and to consolidate the appeals and cross-appeals.

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

ORDERED that the branches of the motions which are for leave to appeal to this Court from so much of the order dated September 26, 2023, as precluded Tara Fitzgerald from seeking certain damages at trial and as severed the third-party action are held in abeyance and referred to the panel of Justices hearing the appeals and cross-appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated September 26, 2023, is granted, and on or before December 13, 2024, Tara Fitzgerald shall serve and file the joint record or appendix and her appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the parties to the appeals and cross-appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-appeal from the order dated March 5, 2024, on the ground that no appeal lies from an order denying reargument, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before December 13, 2024; and it is further,

ORDERED that the branches of the motions which are to consolidate the appeals and cross-appeals are held in abeyance in the interim; and it is further,

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

DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court