Appellate Division: Second Judicial Department

M288916

AFA/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2022-07485 Christina Selvaggio, appellant, v Larry Mansour, respondent. (Index No. 50579/2019)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated August 23, 2022. Motion by the appellant to stay enforcement of stated portions of the order, pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, to be exempt from electronic filing, and, in effect, to mark the appeal confidential. Application by the appellant to extend the time to perfect the appeal.

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 the branch of the motion which is to stay enforcement of stated portions of the order, pending hearing and determination of the appeal, is denied; and it is further,

ORDERED that the branches of the motion which are to be exempt from electronic filing and, in effect, to mark the appeal confidential are denied as unnecessary; 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 action 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 June 12, 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 June 12, 2023; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and the 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 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.

LASALLE, P.J., CONNOLLY, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court