Appellate Division: Second Judicial Department

M296177

AFA/

FRANCESCA E. CONNOLLY, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2024-02350 County of Nassau, respondent, v NY Youth Sports Network, Inc., appellant. (Index No. 618198/2022)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, dated January 8, 2024. Motion by the appellant to stay enforcement of the order, including any warrant of eviction, 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 on the Court's own motion, the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal from so much of the order as, sua sponte, declared that the subject lease agreement terminated due to the appellant's nonpayment of rent, on the ground that no appeal lies as of right from that portion of the order (see CPLR 5701), and leave to appeal has not been granted from that portion of the order, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before June 3, 2024; and it is further,

ORDERED that the motion by the appellant 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., WOOTEN, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court