Appellate Division: Second Judicial Department

M304363

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

PAUL WOOTEN

LAURENCE L. LOVE, JJ.

2024-09773 143 Court Street Funding, LLC, respondent, v 143 Court St. Association LLC, et al., appellants, et al., defendants; Harry Horowitz, nonparty-respondent. (Index No. 513475/2024)

ORDER TO SHOW CAUSE

Appeal from a purported order of the Supreme Court, Kings County, dated September 3, 2024. Motion by the appellants to stay enforcement of the purported 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 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 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), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before May 16, 2025; and it is further,

ORDERED that the motion by the appellants 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.

IANNACCI, J.P., GENOVESI, WOOTEN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court