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Appellate Division, Second Department: October 22, 2019

Appellate Division, Second Department: October 22, 2019

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Motion List released on: October 22, 2019

By Rivera, J.P.; Hinds-Radix, Lasalle and Iannacci, JJ. Kathleen Duberry, res, v. CNM Analytics, Inc. ap, et al., def — Application by Robert Mudd on appeals from an order of the Supreme Court, Queens County, dated August 10, 2017, pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect his appeal. Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is ORDERED that on the Court’s own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by the appellant Robert Mudd from the order dated August 10, 2017, on the ground that no appeal lies as of right from so much of the order as sua sponte vacated the dismissal of the action against him and leave to appeal has not been granted from that portion of the order (see CPLR 5701), and he is not aggrieved by the remainder of the order (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before November 12, 2019; and it is further, ORDERED that the application is held in abeyance in the interim; 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 to the appeals by regular mail. RIVERA, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

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