Appellate Division: Second Judicial Department

M56370

S/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2007-00337 Barbara D. Stevens, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 15156/93)

ORDER TO SHOW CAUSE

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Kings County, dated August 16, 2006.

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

ORDERED that the parties or their attorneys show cause why this appeal should or should not be dismissed on the ground that the issues the appellants intend to raise on this appeal are barred by the doctrine of law of the case (see Marcus Dairy v Jacene Realty Corp., 298 AD2d 366), based on the decision and order of this court dated June 20, 2005, which determined the appellants prior appeal from a judgment entered October 3, 2003 (see Stevens v New York City Tr. Auth., 19 AD3d 583), by filing an affidavit or affirmation with the Clerk of this court on or before July 13, 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, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

PRUDENTI, P.J., CRANE, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court