Walters v O'Quinn
Motion No: 2021-08510
Slip Opinion No: 2023 NY Slip Op 66649(U)
Decided on May 10, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M288887

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LILLIAN WAN, JJ.

2021-08510

Hyergene F. Walters, etc., plaintiff-respondent,

v Nicole C. O'Quinn, et al., defendants, Dion I.

Balcarran, et al., defendants-respondents;

Gregory J. Tarone, nonparty-appellant.

(Index No. 506720/2015)

ORDER TO SHOW CAUSE

2022-03399

Hyergene F. Walters, etc., plaintiff-respondent,

v Nicole C. O'Quinn, et al., defendants,

Emigrant Bank, etc.,, defendant-respondent;

Gregory J. Tarone, nonparty-appellant.

(Index No. 506720/2015)

Appeal from an order of the Supreme Court, Kings County, dated October 4, 2021, and an order and judgment (one paper) of the same court dated March 25, 2022. The appeal from the order was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order, to extend the time to perfect that appeal, and to consolidate the appeals. Application by the appellant to extend the time to perfect the appeal from the order and judgment.

Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled action on the ground that the appellant is not aggrieved by the order and the order and judgment (see CPLR 5511), by serving and filing an affirmation or an affidavit on that issue via NYSCEF on or before June 9, 2023; and it is further,

ORDERED that the motion and application are 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.

IANNACCI, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court