Appellate Division: Second Judicial Department

M155553

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2013-00428 ORDER TO SHOW CAUSE In the Matter of Jeremy Boehm, respondent, v Board of Directors, Huntington Community First Aid Squad, Inc., et al., appellants. (Index No. 35797/11)

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated October 1, 2012.

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 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 no appeal lies from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]) and leave to appeal has not been granted, 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 May 24, 2013; 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.

SKELOS, J.P., DICKERSON, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court