Appellate Division: Second Judicial Department

M46875

J/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-04880 Kathleen Condon, respondent-appellant, v Joseph Condon, appellant-respondent. (Index No. 31136/93)

ORDER TO SHOW CAUSE

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 11, 2006.

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

ORDERED that the parties or their attorneys show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal and cross appeal on the grounds that (1) no appeal lies as of right from a qualified domestic relation order (see Gormley v Gormely, 238 AD2d 545), and leave to appeal has not been granted, and (2) no appeal lies from an order entered upon the stipulation of the appealing party (see CPLR 5511), by filing an affirmation or affidavit on that issue with the Clerk of this court, on or before December 21, 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 to show cause on the parties or their attorneys by regular mail.

RITTER, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court