Appellate Division: Second Judicial Department

M215327

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-11473 Nancy Eschemuller, appellant, v John Eschemuller, respondent. (Index No. 201636/07)

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, Nassau County, dated September 21, 2015.

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 appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order dated September 21, 2015, terminated upon entry of a final judgment in the above-entitled action on January 19, 2016 (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before August 12, 2016, or by making a motion pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of cross appeal from the judgment; 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 is directed to serve a copy of this order to show cause upon the parties by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court