Appellate Division: Second Judicial Department

M303938

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2024-09315, 2024-12182 Monalesa D. Brackett, etc., et al., appellants, v Ray G. Sheppard, respondent. (Index No. 2875/2018)

ORDER TO SHOW CAUSE

2024-09693

Monalesa D. Brackett, etc., et al., appellants,

v Ray G. Sheppard, respondent.

(Index No. 2875/2018)

Appeals from a decision of the Supreme Court, Kings County, dated May 1, 2024, and two orders of the same court dated September 24, 2024, and June 11, 2024, respectively. The appeal from the order dated June 11, 2024, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants to stay enforcement of the decision dated May 1, 2024, and the order dated June 11, 2024, 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 the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the decision dated May 1, 2024, in the above-entitled action on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before April 28, 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.

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court