Appellate Division: Second Judicial Department

M174602

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2013-10145 Nicole M. Bove, appellant, v Nunziato Bo Jr., defendant-respondent, et al., defendant Angela Conti, etc., nonparty-respondent. (Index No. 50144/13)

ORDER TO SHOW CAUSE ve, s;

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated April 16, 2014, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by the plaintiff from an order of the Supreme Court, Richmond County, dated September 11, 2013. The appeal was perfected on April 8, 2014.

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 September 11, 2013, 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 June 20, 2014; and it is further,

ORDERED that the time for the defendant-respondent and the nonparty-respondent to serve and file their respective briefs is enlarged until 30 days after this Court determines whether the appeal shall be dismissed; 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.

RIVERA, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court