Appellate Division: Second Judicial Department

M127335

E/ct

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2011-04184 ORDER TO SHOW CAUSE In the Matter of Edward Johann, et al., respondents, v Town of East Hampton, et al., appellants. (Index No. 36910/10)

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 9, 2011.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation 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 the appeal should not be dismissed on the ground that the order dated March 9, 2011, is not appealable as of right (see CPLR 5701[b][1]), and leave to appeal has not been granted, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before November 4, 2011; 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 the Court, or his designee, shall serve a copy of this order to show cause on the parties or their counsel by regular mail.

RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court