Appellate Division: Second Judicial Department

M310683

DF/

HECTOR D. LASALLE, P.J.

HELEN VOUTSINAS

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2024-01452, 2024-01453 In the Matter of Mohammad A. Malik, etc., deceased. Yasmin Akhtar Malik, petitioner-responde Brandon Bishunauth, respondent-appellant. (File No. 990/2023)

ORDER TO SHOW CAUSE nt;

Appeals from an order of the Surrogate's Court, Queens County, dated December 12, 2023, and a decree of the same court dated December 18, 2023. Motion by the appellant for leave to serve and file a supplemental record containing certain material.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, 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 from the order in the above-entitled action on the ground 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, and/or no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511), and dismissing the appeal from the decree on the ground that no appeal lies from a decree entered upon the consent of the appealing party (see CPLR 5511), 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 motion by the appellant is 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 counsel 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