Appellate Division: Second Judicial Department

M301559

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2024-02806 Deutsche Bank National Trust Company, respondent, v Guillermo Mejia, appellant. (Index No. 130817/2009)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Richmond County, dated December 20, 2023. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeal, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the motion 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 leave to appeal has not been granted, and/or on the ground the appellant is not aggrieved by the order (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 21, 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 21, 2025; 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.

IANNACCI, J.P., WOOTEN, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court