Gonzalez v Miller
Motion No: 2016-08482
Slip Opinion No: 2017 NY Slip Op 64870(U)
Decided on February 22, 2017
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

M226401

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-08482

Glenda Gonzalez, appellant,

v Michael Miller, respondent.

(Index No. 8388/14)

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, Nassau County, entered May 10, 2016.

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 the parties to the appeal are directed to show cause why the appeal should or should not be dismissed on the ground that the order entered May 10, 2016, was entered upon the default of the appellant (see CPLR 5511), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before March 24, 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, is directed to serve a copy of this order to show cause on the parties to the appeal by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court