Appellate Division: Second Judicial Department

M299786

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-10106 Joseph Muller, respondent, v Mordechai Eisenbach, appellant. (Index No. 522301/2021)

ORDER TO SHOW CAUSE

Appeal from a purported order of the Supreme Court, Kings County, dated July 9, 2024.

On the Court's own motion, it is

ORDERED that 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 from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and/or 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 affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before November 7, 2024; 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 the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service, by regular mail.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court