Appellate Division: Second Judicial Department

M223544

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-08809 Virginia Rosenberg, respondent, v Robert Rosenberg, appellant. (Index No. 202773/09)

ORDER TO SHOW CAUSE

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, entered May 17, 2016.

Upon the papers filed in support of the motion and no papers having been 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 above-entitled appeal on the ground that the appellant is not aggrieved by the order entered May 17, 2016 (see CPLR 5511; Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473), by filing an affirmation or affidavit on that issue with the Clerk of this Court on or before January 19, 2017; and it is further,

ORDERED that the appellant's motion 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 on the parties by regular mail.

LEVENTHAL, J.P., SGROI, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court