Appellate Division: Second Judicial Department

M280150

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2021-00862 In the Matter of Virginia H. (Anonymous). EAC Network, Inc., etc., petitioner-respondent, Glengariff Health Care Center, et al., respondents- respondents, Marjorie H. (Anonymous), respondent-appellant. (Index No. 32550/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, dated January 12, 2021. Motion by the respondent-appellant, inter alia, to stay enforcement of a judgment of the same court, dated August 6, 2018, pending the hearing and determination of the appeal from the order.

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

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the order dated January 12, 2021, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), by serving and filing an affirmation or an affidavit on that issue via NYSCEF, on or before December 17, 2021; and it is further

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; 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 uploading a copy of this order to show cause to the NYSCEF system.

DILLON, J.P., BARROS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court