Appellate Division: Second Judicial Department

M163271

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-05993, 2013-05994 Marina Tarantina, appellant, v Leonard Gitelman, respondent. (Index No. 50942/10)

ORDER TO SHOW CAUSE

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision and order (one paper) of the Supreme Court, Kings County, dated December 17, 2012, and an order of the same court dated April 5, 2013.

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 on the ground that (1) certain provisions of the decision and order entered December 17, 2012, either constitute a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), certain provisions of that decision and order are not appealable as of right (see CPLR 5701), or the appellant is not aggrieved by certain provisions of that decision and order, and (2) the order dated April 5, 2013, is not appealable as of right as it is not the result of a motion made on notice (see CPLR 5701), by filing an affidavit or affirmation on those issues in the office of the Clerk of this Court on or before November 18, 2013; and it is further,

ORDERED that the application is held on 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.

RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court