| Juan Rivera Living Trust v Morales |
| Motion No: 2024-12242 |
| Slip Opinion No: 2026 NY Slip Op 62905(U) |
| Decided on February 23, 2026 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M311446
ECQ/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
DONNA-MARIE E. GOLIA
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2024-00396, 2024-12242 Juan Rivera Living Trust, respondent, v Myriam Morales, appellant. (Appeal No. 1) Juan Rivera Living Trust, respondent-appellant, v Myriam Morales, appellant-respondent. (Appeal No. 2) (Index No. 611452/2018)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Nassau County, dated October 5, 2023, and appeal and cross-appeal from an order of the same court dated November 18, 2024. Motion by Myriam Morales, in effect, to stay enforcement of the order dated November 18, 2024, including the distribution of any portion of the proceeds from the sale of the subject property, pending hearing and determination of the appeals and cross-appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated November 18, 2024, including the distribution of any portion of the proceeds from the sale of the subject property, is stayed, pending hearing and determination of the appeals and cross-appeal; 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 5, 2023, 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 25, 2026; 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.
DUFFY, J.P., CHRISTOPHER, GOLIA and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court