Opinion
2012-10889 Index No. 24207/09 M153788
04-01-2013
Landmark Ventures, Inc., appellant, v. H5 Technologies, Inc., respondent.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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, Nassau County, entered September 17, 2012.
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 or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that reviews objections raised at an examination before trial (see Braverman v Bendiner & Schlesinger, Inc., 85 AD3d 1074; Strain v Strain, 259 AD2d 481; Cruz v Roman Catholic Church for Most Holy Trinity, 222 AD2d 395, Rockwood Natl. Corp. v Peat, Marwick, Mitchell & Co., 59 AD2d 573), 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 April 22, 2013; 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 or their attorneys, by regular mail.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court