Matter of Miller v Overton
Motion No: 2013-05744
Slip Opinion No: 2013 NY Slip Op 90684(U)
Decided on November 7, 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

M164923

S/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-05744

In the Matter of Mary I. Miller, et al., appellants,

v Fred Overton, et al., respondents-respondents,

et al., respondents.

(Index No. 12871/12)

ORDER TO SHOW CAUSE

Appeal by the petitioners from an order of the Supreme Court, Suffolk County, dated April 1, 2013.

On the Court's own motion, it is

ORDERED that the parties show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the order dated April 2, 2012, is not appealable as of right (see CPLR 5701[b][1]), 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 29, 2013; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court