Appellate Division: Second Judicial Department

M127610

T/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-01203 The People, etc., respondent, v Jehan Abdur-Raheem, appellant. (Ind. No. 649/76)

ORDER TO SHOW CAUSE

2011-00594

In the Matter of Jehan Abdur-Raheem, petitioner,

v Sheryl L. Parker, etc., respondent.

Appeal by Jehan Abdur-Raheem from an order of the Supreme Court, Kings County, dated November 10, 2009. By decision and order on motion of this Court dated August 3, 2010, the appeal was dismissed on the ground that the order dated November 10, 2009, was not appealable as of right or by permission.

Separate proceeding by Jehan Abdur-Raheem pursuant to CPLR article 78 in the nature of a writ of mandamus.

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

ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered recalling and vacating so much of the decision and order on motion of this Court dated August 3, 2010, as dismissed the appeal, reinstating the appeal, and enlarging the time to perfect the appeal (see Matter of Hynes v Karassik, 47 NY2d 659), by each 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 each other on or before January 3, 2012; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by regular mail; and it is further,

ORDERED that pending the determination of this order to show cause, the separate CPLR article 78 proceeding entitled Matter of Abdur-Raheem v Parker, pending in this Court under Appellate Division Docket No. 2011-00594, shall be held in abeyance.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court