Appellate Division: Second Judicial Department

M309663

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2025-13898 Justin Fagan, appellant, v Evgeniya A. Gorbatko, respondent. (Index No. 57048/2020)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Westchester County, dated October 9, 2025.

On the Court's own motion, it is

ORDERED that 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 matter on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and 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 December 29, 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 December 29, 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 appellants, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court