Appellate Division: Second Judicial Department

M233618

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-05894, 2017-05896, 2017-06323 Thamara Alshehri, appellant, v Fuad Al Qahtani, respondent. (Index No. 1876/15)

ORDER TO SHOW CAUSE

Motion by the appellant, inter alia, to stay her eviction from the subject premises, pending hearing and determination of appeals from a judgment, an order, and a warrant of eviction of the Supreme Court, Westchester County, all dated May 5, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

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 (1) dismissing the appeals in the above-entitled action on the ground that the judgment, order, and warrant of eviction were issued ex parte (see CPLR 5701, CPLR 5704) or, in the alternative, (2) dismissing the appeal from the warrant of eviction on the ground that a warrant of eviction is neither appealable as of right nor by permission (see CPLR 5701) and dismissing the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241), 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 August 7, 2017; 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.

RIVERA, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court