Appellate Division: Second Judicial Department

M290629

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2023-05207 444 State Street PBA, LLC, respondent-appellant, v John Oseid, appellant-respondent. (Index No. 508109/2020)

ORDER TO SHOW CAUSE

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated April 11, 2023. Motion by the respondent-appellant to stay enforcement of so much of the order as directs the parties to appear for a framed-issue hearing before a special referee to determine the amount of rent paid and attorney's fees due to the appellant-respondent, pending hearing and determination of the appeal and cross-appeal.

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 the cross-appeal should or should not be dismissed on the ground that no appeal lies as of right from so much of the order as, sua sponte, directed that the appellant-respondent shall receive full reimbursement of all of the monthly rent paid to respondent-appellant from the commencement of respondent-appellant's ownership of the building, and directed the parties to appear for a framed-issue hearing before a special referee to determine the amount of the rent to be reimbursed, by serving and filing, via NYSCEF, a digital copy of an affirmation or affidavit on that issue on or before September 20, 2023; and it is further,

ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system.

CONNOLLY, J.P., MALTESE, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court