Appellate Division: Second Judicial Department

M310671

ECQ/

HECTOR D. LASALLE, P.J.

HELEN VOUTSINAS

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2025-00542 Josephine Catalano, respondent, v Carmine D. Catalano, Jr., et al., appellants. (Index No. 31101/2023)

ORDER TO SHOW CAUSE

Appeal from a purported order of the Supreme Court, Rockland County, dated November 21, 2024. Motion by the appellants, inter alia, to stay enforcement of the purported order, pending hearing and determination of the appeal. Separate motion by the appellants, inter alia, to stay enforcement of the purported order, pending hearing and determination of the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition 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) and/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) 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 February 13, 2026; and it is further,

ORDERED that the motions are 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.

LASALLE, P.J., VOUTSINAS, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court