Appellate Division: Second Judicial Department

M178764

S/nl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-02540 Zara Realty Holding Corp., appellant-respondent, v Rami, Inc., et al., respondents-appellants, Bullfrog Builders, Inc., et al., respondents, et al., defendants. (Index No. 10018/10)

ORDER TO SHOW CAUSE

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 2, 2012.

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 dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion and leave to appeal has not been granted, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before September 12, 2014; and it is further,

ORDERED that the application to enlarge time to perfect the appeal is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court