Kraus v Kraus
Motion No: 2013-04824
Slip Opinion No: 2013 NY Slip Op 89569(U)
Decided on October 25, 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

M164351

S/nl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2013-04824

Carol Kraus, appellant,

v Richard Kraus, respondent.

(Index No. 3259/93)

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, Orange County, dated March 26, 2013.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that no appeal lies as of right from a qualified domestic relations order (see Gormley v Gormely, 238 AD2d 545), and leave to appeal has not been granted by filing an affirmation or affidavit on that issue with the Clerk of this court, on or before November 15, 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, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

MASTRO, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court