Appellate Division: Second Judicial Department

M287041

AFA/

MARK C. DILLON, J.P.

REINALDO E. RIVERA

JOSEPH J. MALTESE

HELEN VOUTSINAS, JJ.

2022-07098 Real Estate Mortgage Network, Inc., respondent, v Richard Martinez, et al., defendants, Heirs of Richard Martinez, deceased; nonparty-appellants. (Index No. 25426/2011)

ORDER TO SHOW CAUSE

Appeal from an amended judgment of the Supreme Court, Suffolk County, dated April 25, 2022. Motion by the appellants to stay the sale of the premises, pending appointment of a personal representative of the estate of the deceased defendant Richard Martinez and/or 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 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 the appellants are not aggrieved (see CPLR 5511), by serving and filing an affirmation or an affidavit on that issue via NYSCEF, on or before February 24, 2023; and it is further,

ORDERED that the appellants' motion is held in abeyance in the interim; and it is further,

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

DILLON, J.P., RIVERA, MALTESE and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court