Appellate Division: Second Judicial Department

M173934

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RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-10950 ORDER TO SHOW CAUSE Chandrowtie Jagernauth, appellant, v Devin Anthony Germain, et al., responde (Index No. 10649/11)

nts.

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, entered June 17, 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 the parties are directed to 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 the order entered June 17, 2013, was entered on the appellant's default (see CPLR 5511), by filing an affirmation or affidavit on that issue with the Clerk of this Court, and serving one copy of the same on each other, on or before May 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 by regular mail.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court