Appellate Division: Second Judicial Department

M234113

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-00012 Malka Bernstein, respondent, v Jacob Bernstein, appellant. (Index No. 55164/14)

ORDER TO SHOW CAUSE

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 26, 2016.

Upon the papers filed in support of the motion 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 October 26, 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 July 31, 2017, and by serving one copy of the same on each other; and it is further,

ORDERED that the motion 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.

HALL, J.P., ROMAN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court