Appellate Division: Second Judicial Department

M175856

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-01835 Karen Torsiello, respondent, v Mario Torsiello, appellant. (Index No. 08-26581)

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, Westchester County, dated October 23, 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 above-entitled appeal on the ground that no appeal lies from an order denying a motion to resettle the decretal paragraphs of a judgment (see Foertsch v Foertsch, 187 AD2d 635), by filing an affidavit or affirmation on that issue with the Clerk of this Court and serving one copy of the same on each other on or before July 11, 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