Appellate Division: Second Judicial Department

M308106

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

DONNA-MARIE E. GOLIA

SUSAN QUIRK, JJ.

2024-10548 Lucinez Jimenez, plaintiff-respondent, v City of New York, et al., defendants- respondents, Santa Maria Pharmacy, appellant. (Index No. 519392/2020)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated July 13, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal 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 the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 24, 2025, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the parties are directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies from an order issued ex parte (see CPLR 5701, 5704), or that 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 October 24, 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.

DUFFY, J.P., FORD, GOLIA and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court