| Giordano v Granito |
| Motion No: 2024-11689 |
| Slip Opinion No: 2025 NY Slip Op 74127(U) |
| Decided on August 8, 2025 |
| 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
M307079
AFA/
VALERIE BRATHWAITE NELSON, J.P.
WILLIAM G. FORD
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2024-11689 Peter A. Giordano, etc., et al., respondents, v Nicole Granito, appellant. (Index No. 606826/2014)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated June 23, 2025, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal from a decision of the Supreme Court, Nassau County, dated July 31, 2024. Motion by the appellant for waiver of costs, fees, and expenses, for the assignment of counsel, and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
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 in the above-entitled action on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before September 8, 2025; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before September 8, 2025; and it is further,
ORDERED that the motion by the appellant is 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 the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.
BRATHWAITE NELSON, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court