Appellate Division: Second Judicial Department

M289382

KS/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

HELEN VOUTSINAS, JJ.

2023-03226, 2023-03228 Torto Note Member, LLC, respondent, v Chaim Babad, et al., defendants; Ethel Babad, nonparty-appellant. (Index No. 518494/2017)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Kings County, dated January 26, 2023, and March 16, 2023, respectively. Motion by the appellant to stay enforcement of the orders, including the sale of the subject properties, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition 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 from the order dated January 26, 2023, on the ground that the appellant is not aggrieved (see CPLR 5511), and dismissing the appeal from the order dated March 16, 2023, on the ground that no appeal lies from an order denying reargument, by serving and filing an affirmation or an affidavit on those issues via NYSCEF, on or before July 5, 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 by uploading a copy of this order to show cause to the NYSCEF system.

DUFFY, J.P., IANNACCI, CHRISTOPHER and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court