Appellate Division: Second Judicial Department

M141047

E/nl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-03948 Rosella Care, appellant, et al., plaintiff, v Municipal Housing Authority for the City of Yonkers, respondent. (Index No. 23303/09)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated March 19, 2012, as a poor person, including the waiver of all fees, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition 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 in the above-entitled proceeding on the ground that the order dated March 19, 2012, was entered upon the appellant's default, 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 August 14, 2012; and it is further,

ORDERED that the appellant's motion 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.

DILLON, J.P., ANGIOLILLO, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court