Matter of Lihua Huang v 7508 D-Train, LLC
Motion No: 2023-00029
Slip Opinion No: 2023 NY Slip Op 74772(U)
Decided on October 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M291439

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2023-00029

In the Matter of Lihua Huang, respondent,

v 7508 D-Train, LLC, et al., appellants.

(Index No. 707054/2022)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Queens County, dated November 16, 2022. Motion by the appellants to stay the dissolution of the appellant 7508 D-Train, LLC, the appointment of a receiver, and the sale of the subject property, pending hearing and determination of the 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 an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before November 6, 2023; if the appellants be so advised, the appellants may make a motion by order to show cause, via NYSCEF, on or before November 6, 2023, for any relief deemed appropriate; and it is further,

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

DILLON, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court