Appellate Division: Second Judicial Department

M300008

KS/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-07334 Elena Tulloch, et al., appellants, v Mobarek Barka, et al., respondents. (Index No. 513310/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated June 16, 2023. Motion by the respondents to strike stated portions of the appendix and appellants' brief on the ground that they contain and refer to matter dehors the record, and to extend the time to serve and file a brief.

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 from an order entered upon the default of the appealing parties (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before November 15, 2024; and it is further,

ORDERED that the respondents' motion 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.

DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court