Vergara v Townsend
Motion No: 2013-05132
Slip Opinion No: 2013 NY Slip Op 89376(U)
Decided on October 24, 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

M163971

S/nl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-05132

Maria Vergara, appellant,

v Serina Townsend, respondent.

(Index No. 28726/10)

ORDER TO SHOW CAUSE

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, Queens County, dated March 20, 2013.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the order dated March 20, 2013, is not appealable as of right as it is not the result of a motion made on notice (see CPLR 5701[a]), and leave to appeal has not been granted, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before November 16, 2013, and the application to enlarge time is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

ENG, P.J., DICKERSON, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court