Appellate Division: Second Judicial Department

M290971

AFA/

HECTOR D. LASALLE, P.J.

BETSY BARROS

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2022-07196 Antoinette Antonucci, respondent, v Reginald Bell, appellant. (Index No. 150003/2022)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Richmond County, dated July 29, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the parties to the appeal are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before October 10, 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 Acting Clerk of this Court on or before October 10, 2023; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; and it is further,

ORDERED that the Acting Clerk of this Court, or his designee, shall serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined and upon the respondent, by ordinary mail.

LASALLE, P.J., BARROS, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court