Appellate Division: Second Judicial Department

M137351

E/sl

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-10604 ORDER TO SHOW CAUSE Tanika Johnson, appellant, v Yue Yu Chen, et al., respondents. (Index No. 27094/09)

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, Kings County, dated October 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 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 is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, by 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 all parties to the action on or before May 31, 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 counsel for all parties by regular mail.

FLORIO, J.P., BALKIN, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court