Appellate Division: Second Judicial Department

M221958

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2016-01826 Nella Manko, appellant, v State of New York, respondent. (Claim No. 124918)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims dated November 30, 2015, as a poor person, for the assignment of counsel, to enlarge the time to perfect the appeal, and to waive the motion filing fee.

Upon the papers filed in support of the motion 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 entered dismissing the appeal in the above-entitled matter on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), 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 December 28, 2016; and it is further,

ORDERED that the branch of the appellant's motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]), and the appellant's motion is otherwise 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.

LEVENTHAL, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court