Appellate Division: Second Judicial Department

M311031

ECQ/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2024-13604 Antoine Zihenni, respondent, v Albert N. Zihenni, et al., appellants, et al., defendant. (Index No. 61108/2022)

ORDER TO SHOW CAUSE

2025-04427

Antoine Zihenni, respondent, v Albert N.

Zihenni, et al., appellants, et al., defendant.

(Index No. 61108/2022)

Appeals from two orders of the Supreme Court, Westchester County, dated October 18, 2024, and February 27, 2025, respectively. The appeal from the order dated February 27, 2025, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated February 27, 2025, in effect, to extend the time to perfect the appeal from the order dated February 27, 2025, and to consolidate the appeals. Separate motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, in effect, to extend the time to perfect the appeal from the order dated February 27, 2025, and to consolidate the appeals and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, and upon the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal from the order dated February 27, 2025, and, in effect, to extend the time to perfect that appeal are granted, the dismissal of the appeal from the order dated February 27, 2025, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 4, 2026, the appellant shall and serve and file the record or appendix on the appeal from the order dated February 27, 2025, and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix on the appeal from the order dated February 27, 2025, and the appellant's brief and upload digital copies of the record or appendix on the appeal from the order dated February 27, 2025, and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

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 from the order dated October 18, 2024, 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, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before March 4, 2026; 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, and upon the appellant, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

DUFFY, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court