Appellate Division: Second Judicial Department

M256437

E/rr

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2017-12668 Quanette Washington, appellant, v Jay Street Development Corp., respondent. (Index No. 17905/09)

ORDER TO SHOW CAUSE

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered November 2, 2017.

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 the parties are directed to show cause why the appeal should or should not be dismissed on the grounds that (1) no appeal lies from an order determining a motion in limine (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600) or (2) no appeal lies as of right from an order that was not the result of a motion made on notice, and leave to appeal has not been granted (see CPLR 5701), by filing an affirmation or affidavit on those issues with the Clerk of this Court on or before November 7, 2018; 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 by regular mail.

LEVENTHAL, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court