Opinion
Motion No. 2022-07098 Index No. 25426/2011
01-23-2023
Real Estate Mortgage Network, Inc., respondent, v. Richard Martinez, et al., defendants, Heirs of Richard Martinez, deceased; nonparty-appellants.
Unpublished Opinion
MOTION DECISION
M287041
MARK C. DILLON, J.P. REINALDO E. RIVERA JOSEPH J. MALTESE HELEN VOUTSINAS, JJ.ORDER TO SHOW CAUSE
Appeal from an amended judgment of the Supreme Court, Suffolk County, dated April 25, 2022. Motion by the appellants to stay the sale of the premises, pending appointment of a personal representative of the estate of the deceased defendant Richard Martinez and/or pending hearing and determination of the appeal.
Upon the papers filed in support of the 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 an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the appellants are not aggrieved (see CPLR 5511), by serving and filing an affirmation or an affidavit on that issue via NYSCEF, on or before February 24, 2023; and it is further, ORDERED that the appellants' motion is held in abeyance in the interim; and it is further, ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by uploading a copy of this order to show cause to the NYSCEF system.
DILLON, J.P., RIVERA, MALTESE and VOUTSINAS, JJ., concur.