Appellate Division: Second Judicial Department

M273564

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2020-04890 RBS Citizens, N.A., respondent, v Robert Ballesteros, appellant, et al., defendants. (Index No. 483/2014)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Putnam County, dated October 30, 2019.

On the Court's own motion, it is

ORDERED that the order on application of this Court entitled "[i]n the Matter of Applications for Extensions of Time," dated September 30, 2020, is amended by deleting therefrom the entry concerning the above-entitled matter; and it is further,

ORDERED that the parties 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 November 20, 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 November 20, 2020, for any relief deemed appropriate with respect to this appeal; and it is further,

ORDERED that the respondent's application pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief is held in abeyance in the interim; 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 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