Appellate Division: Second Judicial Department

M307173

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2024-08923 US Bank National, etc., respondent, v Audrey Savin, appellant, et al., defendants. (Index No. 502854/2014)

ORDER TO SHOW CAUSE

Appeal from a purported order of the Supreme Court, Kings County, dated July 30, 2024. Motion by the appellant for waiver of costs, fees, and expenses, for the assignment of counsel, and to extend the time to perfect the appeal.

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 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 September 19, 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, via the digital portal on the Court's website, via email at [email protected], or via regular mail addressed to the Clerk of this Court on or before September 19, 2025; and it is further,

ORDERED that the appellant's motion for waiver of costs, fees, and expenses, for the assignment of counsel, and to extend the time to perfect the appeal 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 the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system, and upon the self-represented parties, 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., LANDICINO, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court