Opinion
2021-67313 Motion 2020-00885
06-07-2021
Jacqueline Smalls, appellant, v. State of New York, respondent. Claim No. 130082
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
ORDER TO SHOW CAUSE
Appeal from an order of the Court of Claims dated October 1, 2019. Motion by the respondent to enlarge the record to include a transcript of the proceedings which occurred on September 19, 2019, and a certain document dated September 27, 2019, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 7, 2021, by ordinary mail; the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before July 7, 2021; and it is further
ORDERED that the respondent's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further, ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the parties, by ordinary mail.
DILLON, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.