Appellate Division: Second Judicial Department

M283184

MB/

FRANCESCA E. CONNOLLY, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2019-12654 CANBE Properties, LLC, respondent, v Catherine Curatola, etc., appellant, et al., defendants; Rubino Revocable Trust, nonparty-appellant. (Index No. 504879/2016)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Kings County, dated September 4, 2019. Motion by the appellant Rubino Revocable Trust for a preference in the calendaring of the appeal.

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 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 affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before June 27, 2022; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before June 27, 2022; the appellants may make a motion for relief concerning this appeal, if so advised, on or before June 27, 2022; and it is further,

ORDERED that the Clerk of this 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.

CONNOLLY, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court