Appellate Division: Second Judicial Department

M223733

J/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2016-11668 Michele Theoharis, respondent, v Stavros Theoharis, appellant. (Index No. 11414/15)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated November 23, 2016, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by Stavros Theoharis from an order of the Supreme Court, Queens County, dated October 11, 2016.

On the Court's own motion, 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 action 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 January 26, 2017; 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