Opinion
Motion No. 2023-10553 Index No. 610926/2019
07-26-2024
Maygan Alysse Whitenack, etc., et al., appellants-respondents, v. Paul R. Byrne, etc., et al., respondents-appellants, Arina Tutunik, etc., et al., defendants-respondents. Maygan Alysse Whitenack, etc., et al., plaintiffs-respondents, v. Iman Saleh, etc., et al., defendants-respondents, et al., defendants.
Unpublished Opinion
MOTION DECISION
M298013
VALERIE BRATHWAITE NELSON, J.P. PAUL WOOTEN LOURDES M. VENTURA LAURENCE L. LOVE, JJ.
ORDER TO SHOW CAUS
Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated October 13, 2023, and appeal from an interlocutory judgment of the same court dated October 31, 2023. Motion by Maygan Alysse Whitenack, MGW, an infant by her mother and natural guardian, Maygan Alysse Whitenack, and Robert John Whitenack, Jr., in effect, to deem their notice of appeal from the order to reflect that their appeal is also from the interlocutory judgment. Application by Maygan Alysse Whitenack, MGW, an infant by her mother and natural guardian, Maygan Alysse Whitenack, and Robert John Whitenack, Jr. to extend the time to perfect the appeal from the order. Application by Paul R. Byrne to extend the time to perfect the appeal from the interlocutory judgment.
Upon the papers filed in support of the motion and the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the notice of appeal by Maygan Alysse Whitenack, MGW, an infant by her mother and natural guardian, Maygan Alysse Whitenack, and Robert John Whitenack, Jr. from the order is deemed to reflect that their appeal is also from the interlocutory judgment (see CPLR 2001; Matter of Tagliaferri, 1 N.Y.3d 605); 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 by Paul R. Byrne from the interlocutory judgment on the ground that he is not aggrieved (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before August 26, 2024; and it is further, ORDERED that the applications are held in abeyance in the interim; and it is further, ORDERED that the Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system.
BRATHWAITE NELSON, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.