Opinion
Motion No: 2018-01483 SC
09-07-2018
Elda Chapman, Plaintiff, v. Deshon Development Venture, LLC, Defendant. Pinewood Development Corp., Nonparty-appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
Motion by defendant Deshon Development Venture, LLC to stay enforcement of a judgment of the District Court of Suffolk County, Fourth District, entered May 31, 2018, pending the determination of an appeal therefrom by nonparty-appellant Pinewood Development Corp.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the parties are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that nonparty-appellant Pinewood Development Corp. is not aggrieved by the judgment appealed from (see CPLR 5511) in that the judgment is against another party, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before September 30, 2018; and it is further,
ORDERED that the motion for a stay pending the determination of the appeal 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 defendant, upon nonparty-appellant and upon respondent's counsel, by ordinary mail.
ENTER:
Paul Kenny
Chief Clerk