Appellate Division: Second Judicial Department

M301561

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2024-11685 Jocelyn Owen, respondent, v Steven Owen, appellant. (Index No. 53035/2014)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Kings County, dated October 10, 2024. Motion by the appellant to stay enforcement of the decision and order, pending hearing and determination of the appeal.

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, in whole or in part, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and/or no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and/or leave to appeal has not been granted, by each uploading a digital copy of an affirmation or affidavit on those issues, via NYSCEF, if applicable, or, if NYSCEF is not mandated by uploading a digital copy of an affirmation or affidavit on those issues, with proof of service thereof, through the digital portal on this Court's website, 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 counsel by uploading a copy of this order to show cause to the NYSCEF system.

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

ENTER:

Darrell M. Joseph

Clerk of the Court