Edell v Lugassy
Motion No: 2010-09459
Slip Opinion No: 2011 NY Slip Op 70556(U)
Decided on April 21, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M118990

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-09459

Shira D. Edell, respondent,

v Abraham Lugassy, et al., appellants.

(Index No. 30026/07)

ORDER TO SHOW CAUSE

Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated August 9, 2010, to include two orders of the Supreme Court, Kings County, dated October 12, 2010, and November 24, 2010, respectively, which amended the order dated August 9, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the above-captioned appeal on the ground that the appellant is not aggrieved by the order dated August 9, 2010, as amended by the orders dated October 12, 2010, and November 24, 2010, by filing an affirmation on that issue with the Clerk of this Court on or before May 16, 2011, and serving one copy on the other parties to the appeal; and it is further,

ORDERED that the motion 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., SKELOS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court