| Stony Brook Technology Center v SRM 23, LLC |
| Motion No: 2025-12268 |
| Slip Opinion No: 2026 NY Slip Op 60928(U) |
| Decided on January 21, 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
M310764
ECQ/
ANGELA G. IANNACCI, J.P.
WILLIAM G. FORD
LOURDES M. VENTURA
SUSAN QUIRK, JJ.
|
2025-12268 Stonybrook Technology Center Association, Inc., et al., respondents v SRM 23, LLC, et al., appellants. (Index No. 620801/2025)
| ORDER TO SHOW CAUSE |
2025-12509
Stonybrook Technology Center Association, Inc.,
et al., appellants, v SRM 23, LLC, et al., respondents.
(Index No. 620801/2025)
Appeals from two orders of the Supreme Court, Suffolk County, dated September 10, 2025, and October 6, 2025, respectively. Motion by SRM 23, LLC, and Strong Island Chronic LLC, inter alia, to stay enforcement of the order dated September 10, 2025, pending hearing and determination of that appeal, and, in effect, for a preference in the calendaring of that appeal Motion by Stony Brook Technology Center Association, Inc., and Northgate Plaza at Stony Brook Condominium to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the order dated September 10, 2025, and for a preference in the calendaring of that appeal.
Upon the papers filed in support of the motions 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made and entered dismissing the appeal from the order dated September 10, 2025, on the ground that the order has been superseded by the order dated October 6, 2025, and dismissing the appeal from the order dated October 6, 2025, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701) and leave to appeal has not been granted, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before February 20, 2026; and it is further,
ORDERED that the motions 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 the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system.
IANNACCI, J.P., FORD, VENTURA and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court