| 33 North Elliott Place Condominium v 31 N Elliott Pl Residency, LLC |
| Motion No: 2024-11595 |
| Slip Opinion No: 2026 NY Slip Op 60388(U) |
| Decided on January 9, 2026 |
| 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
M310428
SA/
FRANCESCA E. CONNOLLY, J.P.
LOURDES M. VENTURA
PHILLIP HOM
SUSAN QUIRK, JJ.
|
2024-11595 33 North Elliott Place Condominium, respondent, v 31 N. Elliott Pl Residency, LLC, et al., appellants, et al., defendants. (Index No. 506784/2023)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Kings County, dated August 7, 2024. Motion by the appellants 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 the appeal should or should not be dismissed on the ground that no appeal lies from an order entered upon the default of the appealing parties (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before February 9, 2026; and it is further,
ORDERED that the motion by the appellants 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.
CONNOLLY, J.P., VENTURA, HOM and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court