Appellate Division: Second Judicial Department

M294523

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2021-04836, 2021-07373 Francesco Dileonardo, appellant, v Deutsche Bank National Trust Company, etc., respondent. (Index No. 602145/2020)

ORDER TO SHOW CAUSE

2022-03447

Deutsche Bank National Trust Company,

etc., respondent, v Francesco Dileonardo,

etc., appellant, et al., defendants.

(Index No. 5383/2009)

2022-06359

Francesco Dileonardo, appellant,

v Deutsche Bank National Trust Company,

etc., respondent.

(Index No. 602145/2020)

2023-05757

Deutsche Bank National Trust Company,

etc., appellant, v Francesco Dileonardo,

etc., respondent, et al., defendants.

(Index No. 5383/2009)

Appeals from five orders of the Supreme Court, Nassau County, dated June 23, 2021, September 29, 2021, May 3, 2022, July 29, 2022, and May 3, 2023, respectively. The appeal from the order dated July 29, 2022, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Deutsche Bank National Trust Company to dismiss the appeal from the order dated May 3, 2022, on the ground the appeal has been rendered academic. Separate motion by Deutsche Bank National Trust Company to hear the appeal from the order dated May 3, 2023, together with the appeals from the orders dated June 23, 2021, September 29, 2021, and May 3, 2022.

Upon the papers filed in support of the motion to dismiss the appeal from the order dated May 3, 2022, and the papers filed in opposition thereto, and upon the papers filed in support of the motion to hear the appeal from the order dated May 3, 2023, together with the appeals from the orders dated June 23, 2021, September 29, 2021, and May 3, 2022, and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated May 3, 2022, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; 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 appeals from the orders dated June 23, 2021, and September 29, 2021, on the ground that they have been rendered academic by the order dated July 29, 2022, by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before March 29, 2024; 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 Clerk of this Court on or before March 29, 2024; and it is further,

ORDERED that the motion to hear the appeal from the order dated May 3, 2022, together with the appeals from the orders dated June 23, 2021, September 29, 2021, and May 3, 2022, is held in abeyance in the interim; 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 the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court