Appellate Division: Second Judicial Department

M308105

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

DONNA-MARIE E. GOLIA

SUSAN QUIRK, JJ.

2023-10318 Peter A. Marasco, etc., appellant, et al., plaintiffs, v ExxonMobil Oil Corporation, etc., et al., defendants; George S. Bellantoni, nonparty-respondent. (Index No. 54362/2013)

ORDER TO SHOW CAUSE

Appeal from a purported order of the Supreme Court, Westchester County, dated June 30, 2023. Motion by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 the appellant is not aggrieved (see CPLR 5511), and/or on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before October 24, 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 counsel by uploading a copy of this order to show cause to the NYSCEF system.

DUFFY, J.P., FORD, GOLIA and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court