Appellate Division: Second Judicial Department

M44857

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2006-02513 Joyce Brennan, appellant, v Thomas Brennan II, respondent. (Index No. 20971-03)

ORDER TO SHOW CAUSE

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2006.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the parties or their attorneys show cause why an order should or should not be entered dismissing the above-entitled appeal on the ground that the order on appeal is not appealable as of right and the appellant has not sought leave to appeal (see CPLR 5701), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 6, 2006, and the application to enlarge time is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order on the parties or their attorneys by regular mail.

PRUDENTI, P.J., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court