Appellate Division: Second Judicial Department

M236738

U/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-02134 HSBC Bank USA, N.A., respondent, v Arlene B. Thomas, also known as Arlene Vaterpool, et al., appellants. (Index No. 34500/07)

ORDER TO SHOW CAUSE

Application by the appellant Pastor Leonard L. Miles, Jr., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 9, 2016, and for an enlargement of time to perfect a purported appeal by Arlene B. Thomas, also known as Arlene Vaterpool, from the same order.

Upon the papers filed in support of the application 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 by Pastor Leonard L. Miles, Jr., on the ground that he is not aggrieved by the order dated November 9, 2016 (see CPLR 5511), and dismissing the purported appeal by Arlene B. Thomas, also known as Arlene Vaterpool, on the ground that Pastor Leonard L. Miles, Jr., who filed the notice of appeal on behalf of Arlene B. Thomas, also known as Arlene Vaterpool, was not authorized to file a notice of appeal on behalf of Arlene B. Thomas, also known as Arlene Vaterpool (see CPLR 321[a]), 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 September 25, 2017; 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 upon the parties by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court