Jakab v Metropolitan Transit Authority
Motion No: 2016-05987
Slip Opinion No: 2016 NY Slip Op 94989(U)
Decided on December 22, 2016
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

M223058

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-05987

Angela Jakab, appellant, v Metropolitan

Transit Authority, et al., respondents.

(Index No. 16116/13)

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, Queens County, dated March 17, 2016.

Upon the papers filed in support of the application and the papers filed in opposition 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 ground that the order dated March 17, 2016, 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, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before January 12, 2017, and by serving one copy of the same on each other; 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.

CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court