Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 8, 2026

2025-12017, 728224/2024

Lara J. Genovesi, J.P.

Deborah A. Dowling

Lillian Wan

Susan Quirk, JJ.

[*1]

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated September 8, 2025. Motion by the respondent to dismiss the appeal on the ground that, "there is no right to an appeal from an order which holds a motion in abeyance pending completion of discovery."

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

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 in the above-entitled action on the ground that the appellant is not aggrieved (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before May 8, 2026; and it is further,

ORDERED that the motion by the respondent is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system.

GENOVESI, J.P., DOWLING, WAN and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court