Appellate Division: Second Judicial Department

M172395

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2013-10531 Geraldine Armistead, appellant, v Maureen Deasy, etc., 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, Richmond County, dated August 14, 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 are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated August 14, 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 April 30, 2014; and it is further,

ORDERED that the application 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.

DILLON, J.P., BALKIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court