Appellate Division: Second Judicial Department

M219973

S/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-03097 HSBC Bank USA, National Association, respondent, v Richard Epstein, et al., defendants; Richard A. Luthmann, nonparty- appellant. (Index No. 135135/14)

ORDER TO SHOW CAUSE

Application by Richard Epstein and Elaine G. Epstein pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an undated order of the Supreme Court, Richmond County.

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 appeal on the grounds that (1) the order is not appealable as of right as it is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and (2) Richard Epstein and Elaine G. Epstein did not file a notice of appeal and the appellant Richard A. Luthmann is not aggrieved by the order, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before November 10, 2016, and by serving one copy of the same on each other, or, if Richard Epstein and Elaine G. Epstein be so advised, by making a motion for leave to appeal from the order, if necessary, or to deem the notice of appeal filed by Richard A. Luthmann to be filed on their behalf (see Matter of Tagliaferri v Weiler, 1 NY3d 605; CPLR 2001), on or before November 10, 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 by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court