Appellate Division: Second Judicial Department

M132407

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2011-08201 ORDER TO SHOW CAUSE John Hancock Life Insurance Company of New York, respondent, v Triangulo Real Estate Corporation, appellant. (Index No. 10-4918)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered July 20, 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 an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that does not result from a motion made on notice (see CPLR 5701), 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 February 21, 2012; and it is further,

ORDERED that the application is held in abeyance in the interim; 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.

RIVERA, J.P., ENG, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court