| Matter of Bailey, deceased |
| Motion No: 2023-06401 |
| Slip Opinion No: 2023 NY Slip Op 71018(U) |
| Decided on July 28, 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. |
Appellate Division: Second Judicial Department
M290264
AFA/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2023-06401 In the Matter of Kimberly Bailey, deceased. Kimberly Persaud, appellant; Marva Gordon-Steel, etc., nonparty-respondent. (File No. 2676/2018)
| ORDER TO SHOW CAUSE |
Appeal from a purported order of the Surrogate's Court, Kings County, dated March 17, 2023.
On the Court's own motion, it is
ORDERED that the parties are directed to show cause why the appeal should or should not be dismissed on the ground that no order of the Surrogate's Court, Kings County, dated March 17, 2023, was issued in the above-entitled matter, or in the alternative, that no appeal lies from the denial of an application to sign an order to show cause (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701), by each serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before August 28, 2023; and it is further,
ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court