Appellate Division: Second Judicial Department

M272709

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-12889 BNY Mellon, appellant, v Earl C. Holmes, et al., respondents, et al., defendants. (Index No. 514746/2016)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Kings County, dated October 2, 2017.

On the Court's own motion, it is

ORDERED that the parties to the appeal 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 from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by uploading a digital copy of an affirmation or an affidavit, with proof of service thereof, through the digital portal on this Court's website, on or before September 30, 2020; if the appellant be so advised, the appellant may make a motion, by uploading a digital copy of the motion, with proof of service thereof through the digital portal on this Court's website, on or before September 30, 2020, for any relief deemed appropriate with respect to this appeal; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties to the appeal via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court