Opinion
Motion No: 2017-01289 NC
09-08-2017
City of Glen Cove, Respondent, v. Glen Cove Enterprises, Inc., et al., Appellants.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
Motion by appellants for a stay pending the determination of an appeal from an order of the City Court of Glen Cove, Nassau County, entered June 28, 2017. Separate motion by respondent for an enlargement of time to serve and file opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that the parties are directed to show cause before this court why the above-entitled appeal should not be dismissed and the order of the City Court entered June 28, 2017 and all other proceedings taken in the City Court vacated as nullities on the ground that the City Court lacks jurisdiction over an action for declaratory and injunctive relief (see CPLR 3001; 133 Plus 24 Sanford Ave. Realty Corp. v Xiu Lan Ni, 47 Misc 3d 55, 58 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before September 29, 2017; 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 the parties' attorneys by regular mail; and it is further,
ORDERED that appellants' motion and respondent's motion are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk