Matter of Bailey v Allen
Motion No: 2013-00755
Slip Opinion No: 2013 NY Slip Op 65431(U)
Decided on February 22, 2013
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M151742

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2013-00755

In the Matter of Schashuna Bailey, appellant,

v Howard Allen, respondent.

(Docket No. V-21310-12)

ORDER TO SHOW CAUSE

Appeal by Schashuna Bailey from an order of the Family Court, Suffolk County, dated December 11, 2012.

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 dismissing the appeal on the ground that the order is not apppealable as it was issued ex parte (see CPLR 5704), 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 March 15, 2013; 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.

SKELOS, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court