Opinion
2021-74391 Motion 2020-09690
11-12-2021
Homevest, Inc., appellant, v. Venera Kaneeva, etc., et al., respondents. Index No. 3252/2015
Unpublished Opinion
MOTION DECISION
REINALDO E. RIVERA, J.P. VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, LARA J. GENOVESI, JJ.
ORDER TO SHOW CAUSE
Appeal from an order of the Supreme Court, Queens County, dated November 12, 2020. Motion by the respondents to strike the appellant's appendix on the ground that it is not paginated and lacks proper headings, and to strike the appellants brief on the ground that it does not contain citations to the appellant's appendix, to dismiss the appeal, and to impose a sanction against the appellant and the appellant's counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that no appeal lies from an order determining a motion in limine (see Cotgreave v Public Adm'r of Imperial County, 91 A.D.2d 600), and/or 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 uploading, through the digital portal on this Court's website, with proof of service thereof, an affirmation or an affidavit on that issue on or before December 13, 2021; and it is further, ORDERED that the respondents' 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, via email to the email address provided to this Court, or, if no email address is available for service, by ordinary mail.
RIVERA, J.P., BRATHWAITE NELSON, CHRISTOPHER and GENOVESI, JJ., concur.