Appellate Division: Second Judicial Department

M218678

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-03581 Luis Loja, plaintiff, v Lake Newel Ltd., et al., defendants; Silberstein Awad Miklos, P. C., nonparty-appellant; Hill & Moin, LLP, nonparty-respondent. (Index No. 24724/10)

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, Kings County, dated February 11, 2016.

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 nonparty-appellant and the nonparty-respondent are directed to show cause why the appeal should or should not be dismissed on the ground that the order appealed from is not appealable as of right (see CPLR 5701[a][2]), 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 October 18, 2016, and by serving one copy of the same on each other on or before October 18, 2016; 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 to the appeal by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court