Appellate Division: Second Judicial Department

M301024

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2023-11397 In the Matter of Eli Sassouni, deceased. Khosrow Jack Sassouni, etc., appellant-respondent, v Dalia Sassouni, et al., respondents-appellants. (File No. 355890)

ORDER TO SHOW CAUSE

Appeal and cross-appeal from a decision and order (one paper) of the Surrogate's Court, Nassau County, dated October 10, 2023. Motion by the appellant-respondent to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 and cross-appeal in the above-entitled proceeding 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 no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before December 27, 2024; and it is further,

ORDERED that the appellant-respondent's motion is held in abeyance in the interim; 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.

BRATHWAITE NELSON, J.P., LANDICINO, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court