Bank of New York Mellon Trust Company v Rose
Motion No: 2023-00618
Slip Opinion No: 2025 NY Slip Op 77706(U)
Decided on October 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M308287

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

ELENA GOLDBERG VELAZQUEZ, JJ.

2023-00618

Bank of New York Mellon Trust Company, etc.,

respondent, v Winston Rose, Jr., appellant,

et al., defendants.

(Index No. 604462/2018)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Suffolk County, dated November 16, 2022. By decision and order on motion of this Court dated July 30, 2025, the appellant was directed to serve and file a supplemental record containing the judgment. The appellant has not filed the supplement record.

Now, on the Court's own motion, it is

ORDERED that the parties to the appeal are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to comply with the decision and order on motion of this Court dated July 30, 2025, by serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before October 31, 2025; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before October 31, 2025, for any relief deemed appropriate; and it is further,

ORDERED that the Clerk of the Court, or his designee, shall 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.

BRATHWAITE NELSON, J.P., FORD, DOWLING and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court