Appellate Division: Second Judicial Department

M285251

MB/

ANGELA G. IANNACCI, J.P.

REINALDO E. RIVERA

JOSEPH A. ZAYAS

JANICE A. TAYLOR, JJ.

2022-05524 In the Matter of Nancy Giordani, deceased. Alan Giordani, petitioner-appellant; Paul Giordani, petitioner-respondent. (File No. 2293/2020)

ORDER TO SHOW CAUSE

Appeal from a decision of the Surrogate's Court, Kings County, dated June 29, 2022. Motion by the appellant to stay all proceedings in the above-entitled action, including any sale of the subject property, 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 on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by each 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 November 4, 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 November 4, 2022; if the appellant be so advised, the appellant may make a motion, on or before November 4, 2022, for any relief deemed appropriate; 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.

IANNACCI, J.P., RIVERA, ZAYAS and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court