Appellate Division: Second Judicial Department

M304641

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2024-07826 Alma Martini, respondent, v Maizar Samman, appellant. (Index No. 700992/2022)

ORDER TO SHOW CAUSE

Appeal from a purported order of the Supreme Court, Queens County, dated August 7, 2024. Motion by the appellant to stay enforcement of the purported order, pending hearing and determination of the appeal. Separate motion by the appellant for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion to stay enforcement of the purported order and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion for a preference in the calendaring of the appeal and no papers having been filed in opposition or in relation 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) or, in the alternative, 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 serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before August 13, 2025; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before August 13, 2025; and it is further,

ORDERED that the appellant's motion to stay enforcement of the purported order is held in abeyance in the interim; and it is further,

ORDERED that the appellant's motion for a preference in the calendaring of the appeal is dismissed for failure to serve in accordance with the terms of the order to show cause; 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 to the appeal by uploading a copy of this order to show cause to the NYSCEF system.

IANNACCI, J.P., DOWLING, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court