Appellate Division: Second Judicial Department

M230038

J/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-11006 Ceasar Romero, et al., appellants, v Duwan Brathwaite, et al., respondents, et al., defendants. (Index No. 9309/01)

ORDER TO SHOW CAUSE

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 28, 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 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 September 28, 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 May 25, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court