Appellate Division: Second Judicial Department

M60850

S/sl

REINALDO E. RIVERA, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

MARK C. DILLON, JJ.

2007-04776 Grayson Hugh Bourne, appellant, v Pamela Bristow, respondent. (Index No. 05-15402)

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, Westchester County, dated December 18, 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 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 order is not appealable as of right and the appellant has not sought leave to appeal (see CPLR 5701[a]), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before November 2, 2007, 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, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

RIVERA, J.P., KRAUSMAN, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court