Appellate Division: Second Judicial Department

M295092

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-11292 Village of Hillburn, et al., respondents, v Nicholas Cianciaruso, et al., appellants, et al., defendants. (Index No. 31260/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Rockland County, dated October 16, 2023. Motion by the respondents to dismiss the appeal, inter alia, on the ground that the appellants are not aggrieved by the order (see CPLR 5511).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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 action on the ground no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), by uploading a digital copy of an affirmation or affidavit on that issue, via NYSCEF, on or before April 22, 2024; and it is further,

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

ORDERED that the 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.

BRATHWAITE NELSON, J.P., MALTESE, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court