Appellate Division: Second Judicial Department

M290381

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2023-06401 In the Matter of Clesslyn Bailey, deceased. Kimberly Persaud, appellant; Marva Gordon-Steel, etc., nonparty-respondent. (File No. 2676/2018)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated July 28, 2023, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

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 September 5, 2023; and it is further,

ORDERED that the Acting Clerk of the Court, or his 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:

Darrell M. Joseph

Acting Clerk of the Court