Vishinski v Vishinski
Motion No: 2013-07961
Slip Opinion No: 2014 NY Slip Op 62264(U)
Decided on January 28, 2014
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

M168540

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-07961

Jennifer A. Vishinski, appellant,

v Stanley P. Vishinski, respondent.

(Index No. 5126/11)

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, Dutchess County, dated June 12, 2013.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, 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 June 12, 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 February 14, 2014, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court