Appellate Division: Second Judicial Department

M108709

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2009-11623 Myrlande Volmar, appellant, v North Shore Hospital, respondent. (Index No. 19629/07)

ORDER TO SHOW CAUSE

Motion by the appellant pro se to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 16, 2009, and for poor person relief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and the papers 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 appeal may have been rendered academic based on an order of the Supreme Court, Nassau County, dated June 10, 2010, which granted a motion to dismiss the complaint, by filing affidavits or affirmations on that issue with the Clerk of this Court, on or before October 22, 2010; and it is further,

ORDERED that the motion and the application are 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.

SKELOS, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court