Appellate Division: Second Judicial Department

M300536

KS/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2023-04744 Marcus Nedd, respondent, v Bernadette Nedd, appellant. (Index No. 552993/2020)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Kings County, dated March 29, 2023. Motion by the appellant to deem the notice of appeal from the decision to be a premature notice of appeal from an order of the same court dated August 1, 2023, and for leave to serve and file a supplemental record containing certain material. Separate motion by the appellant to stay enforcement of the order dated August 1, 2023.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that the parties to the appeal 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 a decision (see Schicchi v J. A. Green Constr. Co., 100 AD2d 509), and/or on the ground that the decision was superseded by a judgment of the same court dated August 1, 2023, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before December 6, 2024; 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.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court