Appellate Division: Second Judicial Department

M300077

KS/

BETSY BARROS, J.P.

WILLIAM G. FORD

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2023-11360 HSBC Bank USA, N.A., respondent, v Mildred J. Michalczyk, et al., appellants. (Index No. 600223/2015)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated August 8, 2023. Motion by the appellants to stay enforcement of the order 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 the branch of the motion which is to stay enforcement of the order 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 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), and/or dismissing the appeal insofar as taken by Peter Czech on the ground that he is not aggrieved by the order, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on those issues on or before November 18, 2024; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal 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.

BARROS, J.P., FORD, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court