Opinion
Motion No: 2015-00629 KC
12-15-2016
Sumet I Associates, L.P., Appellant, v. Francisco Cascarano, Respondent, et al., Undertenants.
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
ORDER TO SHOW CAUSE
Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 25, 2014. The order granted a motion by respondent, in effect, to continue a stay provided for in a stipulation of settlement, on condition that respondent make restitution for two security cameras. Respondent has filed a respondent's brief in which he alleges that he made restitution and that appellant cashed the checks.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that appellant has waived its right to appeal by accepting the benefit of the order appealed from (see Burkwit v Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before January 9, 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.
ENTER:
Paul Kenny
Chief Clerk