Appellate Division: Second Judicial Department

M298444

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2024-03664 Gina Russell, respondent, v Albert Maione, etc., appellant. (Index No. 616782/2022)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated February 29, 2024. Motion by the appellant, inter alia, to stay enforcement of the order, 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 the motion is denied; 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 appeal in the above-entitled matter, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), by each uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before September 11, 2024; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before September 11, 2024, for any relief deemed appropriate; 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., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court