Opinion
Motion No. 2021-04555 Index No. 36055/2019
11-18-2022
Majid Mohammad, plaintiff-respondent, v. Altaf Rehman, defendant, Amir Rehman, et al., defendants third-party plaintiffs-appellants; Azam Mohammed, et al., third-party defendants-respondents, et al., third-party defendant.
Unpublished Opinion
MOTION DECISION
ROBERT J. MILLER, J.P., LINDA CHRISTOPHER, PAUL WOOTEN, HELEN VOUTSINAS, JJ.
ORDER TO SHOW CAUSE
Appeal from an order of the Supreme Court, Rockland County, dated May 26, 2021. Motion by the third-party defendants-respondents to dismiss the appeal for failure to file a complete record on appeal. Separate motion by the third-party defendants-respondents to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, that the parties to the appeal 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 matter 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 uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before December 19, 2022; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before December 19, 2022, for any relief deemed appropriate; 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 her designee, shall 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.
MILLER, J.P., CHRISTOPHER, WOOTEN and VOUTSINAS, JJ., concur.