Appellate Division: Second Judicial Department

M287996

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

DEBORAH A. DOWLING, JJ.

2022-06092 Capital One, NA, respondent, v Angel Sabi, appellant, et al., defendants. (Index No. 6337/2016)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, dated May 12, 2022. Motion by the appellant to stay all proceedings in the above-entitled action, including the foreclosure sale of the subject premises, pending hearing and determination of the appeal, and to dismiss the complaint or, in the alternative, to vacate her default in answering the complaint.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 matter on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before April 21, 2023; 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 April 21, 2023; 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 or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

BARROS, J.P., MALTESE, FORD and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court