Appellate Division: Second Judicial Department

M135304

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-10042 Richard George, appellant-respondent, v Yoma Development Group, Inc., et al., defendants, Jennifer E. Lozana Luna, et al., respondents, Wells Fargo Bank, N.A., etc., respondent-appellant. (Index No. 10730/06)

ORDER TO SHOW CAUSE

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Queens County, dated September 19, 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 and cross appeal on the ground that the appeal and cross appeal have been rendered academic because the order dated September 19, 2011, was vacated by an order of the same court dated February 7, 2012, 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 April 23, 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.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court