Appellate Division: Second Judicial Department

M246537

E/afa

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2017-01462 Citimortgage, Inc., respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 18430/09)

ORDER TO SHOW CAUSE

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 7, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the parties to the appeal are directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is not aggrieved by the order dated January 7, 2016 (see CPLR 5511), or on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before March 16, 2018, and by serving one copy of the same on each other; and it is further,

ORDERED that the appellant's 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 to the appeal by regular mail.

RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court