Appellate Division: Second Judicial Department

M235584

E/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-01874 Citibank, N.A., plaintiff, v Ann Reed, respondent, et al., defendants; Wilmington Trust, National Association, etc., nonparty-appellant. (Index No. 21717/10)

ORDER TO SHOW CAUSE

Application by the nonparty-appellant 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 January 3, 2017.

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 why an order should or should not be made and entered dismissing the appeal on the ground that the nonparty-appellant is not aggrieved by the order dated January 3, 2017 (see CPLR 5511), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before August 28, 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 to the appeal by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court