Appellate Division: Second Judicial Department

M50289

S/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON, JJ.

2005-08089 Kensington Capital Corp., appellant, v Gibson, Dunn & Crutcher, LLP, et al., respondents. (Index No. 2910/04)

ORDER TO SHOW CAUSE

On the court's own motion, it is

ORDERED that its order to show cause dated December 7, 2006, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated July 14, 2005. The appeal was on this court's calendar on September 13, 2006.

Now, on the court's own motion it is

ORDERED that the appellant or its attorney, Zoldan Associates, LLC, 1333 Race Street, Philadelphia, Pa. (Kenneth J. Zoldan of counsel), are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that Kenneth J. Zoldan is not a member of the New York State Bar and has not made a motion before this court for leave to be admitted pro hac vice, by 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 the other parties to the appeal on or before February 23, 2007; 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 upon the attorneys for the parties and upon the appellant by regular mail.

RIVERA, J.P., SANTUCCI, KRAUSMAN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court