Appellate Division: Second Judicial Department

M302794

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2024-11218 Kristyn Geraghty, respondent, v Dustin Geraghty, appellant. (Index No. 602607/2022)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated August 23, 2024. Motion by the appellant for waiver of costs, fees, and expenses and to assign counsel.

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 (see CPLR 5701), and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 12, 2025, by ordinary mail; counsel or the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before March 12, 2025; and it is further,

ORDERED that the motion by the appellant 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, and upon the appellant, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

BARROS, J.P., CHRISTOPHER, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court