Appellate Division: Second Judicial Department

M295867

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2023-09808 HBSC Bank USA, National Association, etc., respondent, v Hugh Parris, appellant, et al., defendants. (Index No. 16578/2009)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Kings County, dated November 13, 2018. Motion by the appellant to stay enforcement of the judgment, including the sale of the subject property, pending hearing and determination of the appeal. Cross-motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken.

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

ORDERED that the cross-motion is denied; and it is further,

ORDERED 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 that no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before May 20, 2024; and it is further,

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

ORDERED that the 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., BRATHWAITE NELSON, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court