Opinion
Motion No. 2023-00283 Index No. 56210/2021
11-06-2023
Gloribel Cruz, respondent, v. David Aybar, appellant.
Unpublished Opinion
MOTION DECISION
M292094
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, HELEN VOUTSINAS, CARL J. LANDICINO, JJ.ORDER TO SHOW CAUSE
Appeal from a decision of the Supreme Court, Westchester County, dated November 16, 2022. Motion by the respondent to strike the appellant's brief and, in effect, to dismiss the appeal on the ground that the record is insufficient or, in the alternative, to extend the time to serve and file a respondent's brief. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant is denied; and it is further, ORDERED that on the Court's own motion, the parties 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 from a decision (see Schicchi v J.A. Green Constr. Co., 100 A.D.2d 509), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before December 6, 2023; and it is further, ORDERED that the motion by the respondent is held in abeyance in the interim; and it is further, ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties by uploading a copy of this order to show cause to the NYSCEF system.
DILLON, J.P., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.