Appellate Division: Second Judicial Department

M160165

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00690, 2013-02773 Fred Shore Beach Club, Inc., et al., respondents, v Paul Palmieri, et al., appellants. (Index No. 4074/10)

ORDER TO SHOW CAUSE

Application by the appellants on appeals from two orders of the Supreme Court, Suffolk County, dated October 31, 2012, and January 10, 2011, respectively, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated January 10, 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 appeals in the above-entitled action on the ground that no appeal lies as of right from orders that are not the result of a motion made on notice (see CPLR 5701), 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 August 23, 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.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court