Matter of Pitsiokos v Town of Riverhead
Motion No: 2005-11292
Slip Opinion No: 2006 NYSlipOp 69485(U)
Decided on May 26, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M40142

S/nal

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2005-11292

In the Matter of Judith Pitsiokos, et al., appellants,

v Town of Riverhead, et al., respondents.

(Index No. 04-25553)

ORDER TO SHOW CAUSE

Appeal by the petitioners from an order of the Supreme Court, Suffolk County, dated October 6, 2005.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable as of right (see CPLR 5701[b][1]), and the appellants have not sought leave to appeal to this court, by filing an affirmation or affidavit on that issue with the Clerk of this court on or before June 16, 2006; 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 or their attorneys by regular mail.

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court