Appellate Division: Second Judicial Department

M54468

S/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-10876 Deerfield-Cambridge Development, LLC, respondent, v Squire Green at Pawling Homeowners Association, Inc., appellant, et al., defendants. (Index No. 773/06)

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, Dutchess County, dated September 25, 2006.

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

ORDERED that, on the court's own motion, 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 above-entitled appeal on the ground that the appellant is not aggrieved by the order dated September 25, 2006 (see Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473; Castaldi v 39 Winfield Assoc. LLC, 22 AD3d 780, 781), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before May 31, 2007; and it is further,

ORDERED that 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.

MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court