Appellate Division: Second Judicial Department

M307125

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2025-00384 Bank of New York, etc., respondent, v Carlos A. Ramirez, appellant, et al., defendants. (Index No. 708525/2021)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Queens County, dated November 26, 2024. Motion by Binakis Law, P.C., for leave to withdraw as counsel for the appellant.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and on or before August 27, 2025, Binakis Law, P.C., shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at [email protected]; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

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), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before October 27, 2025; if a self-represented party is unable to use NYSCEF, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website, via email at [email protected], or via regular mail addressed to the Clerk of this Court on or before October 27, 2025; 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, 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.

BRATHWAITE NELSON, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court