Appellate Division: Second Judicial Department

M300914

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-09572 In the Matter of Kneses Israel of Sea-Gate, etc., et al., petitioners-respondents, v Moshe Fettman, etc., et al., respondents- respondents, United Talmudical Academy of Boro Park, appellant. (Index No. 516508/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated August 24, 2024. Motion by the respondents-respondents to dismiss the appeal on the ground that the appellant is not aggrieved by the order (see CPLR 5511).

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 appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground

that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before December 3, 2024; and it is further,

ORDERED that the respondents-respondents' motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; 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., CHRISTOPHER, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court