Appellate Division: Second Judicial Department

M303670

AFA/

LARA J. GENOVESI, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2024-07152 In the Matter of AVT New Jersey, L.P., petitioner-respondent, v Cubitac Corp., et al., appellants, et al., respondents. (Index No. 2371/2023)

ORDER TO SHOW CAUSE

2024-07154

In the Matter of AVT New Jersey, L.P.,

petitioner-respondent, v Cubitac Corp.,

et al., appellants, et al., respondents.

(Index No. 2371/2023)

Appeals from two orders of the Supreme Court, Orange County, dated January 25, 2024, and May 20, 2024, respectively. Motion by the appellants to stay the sale of the subject property, pending hearing and determination of the appeals.

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 parties are directed to show cause why the appeals should or should not be dismissed on the ground that the appellants are not aggrieved by the orders and/or that no appeal lies from an order issued upon the default of the appealing party (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before April 18, 2025; and it is further,

ORDERED that the appellants' 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 counsel by uploading a copy of this order to show cause to the NYSCEF system.

GENOVESI, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court