Opinion
Motion No: 2015-11460
05-31-2016
Excel Capital Group Corp., respondent, v. 225 Ross Street Realty, Inc., appellant, et al., defendants.
M212199
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
(Index No. 1732/14)
ORDER TO SHOW CAUSE
Application by the 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 October 2, 2015.
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 the parties are directed to show cause why the appeal should or should not be dismissed on the ground that the order dated October 2, 2015, was entered upon the default of the appellant (see CPLR 5511), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before June 17, 2016, 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, is directed to serve a copy of this order to show cause on the parties by regular mail.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court