Appellate Division: Second Judicial Department

M128257

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-02754, 2011-02755 Deutsche Bank National Trust Company, etc., respondent, v Marie Calixte, et al., defendants; Marise Felix, nonparty-appellant. (Index No. 20857/07)

ORDER ON SHOW CAUSE

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated February 22, 2011, and March 7, 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 appellant is directed to show cause why the above-entitled appeals should or should not be dismissed on the ground that the orders on appeal are not appealable as of right as they do not decide a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, by filing an affidavit on that issue with the Clerk of this Court, and serving one copy on the attorney for the respondent, on or before November 18, 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 this Court, or his designee, shall serve a copy of this order to show cause on the appellant and the counsel for the respondent by regular mail.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court