| Matter of Matthews v Wei |
| Motion No: 2024-12595 |
| Slip Opinion No: 2025 NY Slip Op 75980(U) |
| Decided on September 8, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M307740
AFA/
MARK C. DILLON, J.P.
PAUL WOOTEN
CARL J. LANDICINO
DONNA-MARIE E. GOLIA, JJ.
|
2024-12595 In the Matter of Robert Matthews, appellant, v Yu Wei, respondent. (Docket No. V-6938-2019/2024C)
| ORDER TO SHOW CAUSE |
2025-09797
In the Matter of Robert Matthews, appellant,
v Yu Wei, respondent.
(Docket Nos. V-6938-2019/2024B, V-6938-2019/2024C,
V-6938-2019/2024D, V-6938-2019/2025E)
Appeals from two orders of the Family Court, Queens County, dated November 26, 2024, and August 1, 2025, respectively. Motion by the appellant for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated November 26, 2024. Motion by the appellant, inter alia, for leave to appeal to this Court from the order dated August 1, 2025, and to stay enforcement of that order, pending hearing and determination of that appeal.
Upon the papers filed in support of the motion for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated November 26, 2024, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion, inter alia, for leave to appeal to this Court from the order dated August 1, 2025, and to stay enforcement of the order dated August 1, 2025, and the papers filed in relation thereto, it is
ORDERED that the motion for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the order dated November 26, 2024, is denied; and it is further,
ORDERED that the motion, inter alia, for leave to appeal to this Court from the order dated August 1, 2025, and to stay enforcement of that order, pending hearing and determination of that appeal, is dismissed for failure to serve the motion in accordance with the terms of the order to show cause; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order dated August 1, 2025, is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see Family Ct Act § 1112[a]), and we decline to grant leave to appeal; and it is further;
ORDERED that on the Court's own motion, the appellant is enjoined from filing any further motions or applications in this Court concerning any matters arising from the proceeding entitled In the Matter of Robert Matthews v Yu Wei, commenced in the Family Court, Queens County, under Docket No. V-6938-2019, or any related supplemental dockets, or commencing any original proceedings in this Court regarding that proceeding, without prior leave of this Court; and it is further,
ORDERED that on the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated November 26, 2024, on the ground that it was superseded by, inter alia, the order dated August 1, 2025, by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before October 8, 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 October 8, 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 the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.
DILLON, J.P., WOOTEN, LANDICINO and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court