Jihun Kim v S&M Caterers, Inc.
Motion No: 2015-01492
Slip Opinion No: 2015 NY Slip Op 72490(U)
Decided on May 7, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M191740

S/htr

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2015-01492

Jihun Kim, et al., appellants,

v S & M Caterers, Inc., etc., respondent.

(Index No. 6378/12)

ORDER TO SHOW CAUSE

Application by the respondent 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, dated October 14, 2014.

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 show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the order dated October 14, 2014, 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 May 29, 2015; 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