Appellate Division: Second Judicial Department

M310977

ID/

LARA J. GENOVESI, J.P.

WILLIAM G. FORD

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2023-09471, 2023-09473, 2023-09474 Bank of New York Mellon, etc., appellant, v Rudy J. Lester, et al., respondents, et al., defendants. (Index No. 722357/2020)

ORDER TO SHOW CAUSE

Appeals from three orders of the Supreme Court, Queens County, dated August 16, 2023, June 13, 2023, and August 28, 2023, respectively. Motion by the appellant to strike stated portions of the respondents' brief on the ground that they improperly raise arguments for the first time on appeal.

Upon the papers filed in support of the motions and cross-motion 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 the appeal from the order dated June 13, 2023, should or should not be dismissed on the ground that no appeal lies from an order issued upon the default 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 March 2, 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.

GENOVESI, J.P., FORD, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court