Appellate Division: Second Judicial Department

M296448

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2023-10258 Feifei Gu, appellant, et al., plaintiff, v Yao Wen Lei, et al., respondents. (Index No. 521053/2022)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated September 6, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and application and no papers having been filed in opposition or in relation 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 that no appeal lies from an order 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 June 17, 2024; and it is further,

ORDERED that the appellant's motion and application are 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.

BARROS, J.P., CHAMBERS, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court