Appellate Division: Second Judicial Department

M97504

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2008-11149 Lois M. Rosenblatt, etc., et al., appellants, v Jenny X. Zhang, defendant, Paul H. Pevsner, et al., respondents. (Index No. 15546/06)

ORDER TO SHOW CAUSE

Appeal by the plaintiffs from an order of the Supreme Court, Queens County, entered October 17, 2008. By decision and order on motion dated September 24, 2009, the motion by Prado & Tuy, LLC, the attorney for the appellants, to withdraw as counsel was granted; Prado & Tuy, LLC, was directed to serve a copy of the decision and order on motion dated September 24, 2009, on its client on or before October 8, 2009, and file proof of service with this court. Proof of service of the decision and order on motion dated September 24, 2009, has not been filed and the appellants have not taken any action to perfect the appeal.

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

ORDERED that parties or their counsel show cause why an order should or should not be made and entered dismissing the above-entitled appeal for failure to perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]) 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 all parties to the proceeding on or before February 5, 2010; 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 parties or their counsel by regular mail.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court