Appellate Division: Second Judicial Department

M284475

MB/

MARK C. DILLON, J.P.

REINALDO E. RIVERA

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2020-02790 In the Matter of Ruthie Mae Fowler, deceased. Emma Frazier, et al., respondents; Elizabeth Fowler, appellant. (File No. 4419A/2016)

ORDER TO SHOW CAUSE

Appeal from an order of the Surrogate's Court, Queens County, dated February 6, 2020. Motion by the appellant, inter alia, to stay all proceedings in the above-entitled proceeding, pending hearing and determination 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 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 no appeal lies as of right from an order that does not result from a motion made on notice, and leave to appeal has not been granted (see CPLR 5701), by serving and filing an affidavit or affirmation on that issue via NYSCEF on or before September 14, 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 by uploading a copy of this order to show cause to the NYSCEF system.

DILLON, J.P., RIVERA, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court