Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M285279

MB/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2021-04726 Mitchell J. Winn, etc., plaintiff, v Hansranie Morgan, etc., respondent, Fazil Hamid, etc., appellant. (Index No. 613529/2019)

ORDER TO SHOW CAUSE

Motion by the appellant to enlarge the record to include certain material and to extend the time to perfect the appeal.

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 or should not be made and entered dismissing the appeal in the above-entitled action (1) on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and/or (2) 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 uploading a digital copy of an affirmation or affidavit on these issues, 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; the appellant may make a motion for relief concerning this appeal, if so advised, on or before November 4, 2022; and it is further,

ORDERED that the motion is held in abeyance in the interim 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.

DUFFY, J.P., CHRISTOPHER, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court