Appellate Division: Second Judicial Department

M301486

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

DONNA-MARIE E. GOLIA, JJ.

2024-04767 Jean R.A. Daniel, appellant, v N.Y.S. Department of Health, et al., respondents. (Index No. 608032/2023)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated December 21, 2023. Motion by the appellant to waive certification of the record pursuant to 22 NYCRR 1250.7(g), to enlarge the record to include certain material, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed 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 in the above-entitled action on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before January 15, 2025; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before January 15, 2025; and it is further,

ORDERED that the appellant's 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 the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

BRATHWAITE NELSON, J.P., GENOVESI, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court