Appellate Division: Second Judicial Department

M298324

KS/afa

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2023-11112 Michael Shen, appellant, v Ferncliff Cemetery, respondent. (Index No. 1060/2020)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated August 21, 2023. Motion by the appellant to waive certification of the record pursuant to 22 NYCRR 1250.7(g) and to extend the time to perfect 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 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 as of right from an order that is not the result of a motion made on notice (see CPLR 5701), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before September 19, 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 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.

CHAMBERS, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court