Opinion
Motion No: 2015-00450 KC
05-04-2016
Donna Schneider, Appellant, v. Midtown Moving & Storage, Inc., Respondent.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
ORDER TO SHOW CAUSE
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 10, 2014, to continue a stay granted by decision and order on motion of this court dated April 17, 2015, and extended by decisions and orders on motion of this court dated October 20, 2015 and January 28, 2016. A review of the record on appeal indicates that the action was dismissed by the Civil Court, no appearance either side, on March 17, 2016.
On the court's own motion, it is
ORDERED that the parties are directed to show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal has been rendered academic as there is no longer an action pending (see Livny v Rotella, 305 AD2d 377 [2003]; Horizon Radiology, P.C. v Allstate Prop. & Cas. Ins. Co., 41 Misc 3d 138[A], 2013 NY Slip Op 51916[U] [App Term, 2d, 11th & 13th Jud Dists 2013]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 26, 2016; 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 on appellant and on respondent's attorney by regular mail; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk