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Appellate Division, Second Department: December 23, 2019

Appellate Division, Second Department: December 23, 2019

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Motion List released on: December 23, 2019

By Austin, J.P.; Roman, Maltese and Lasalle, JJ. U.S. Bank National Association, etc., res, v. Jeanny Gaillard, appellant def — Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 18, 2019, on the ground that no appeal lies from an order entered upon the default of the appealing party. 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 on the ground that Christnicha Prophete did not have authority to file a notice of appeal on behalf of Jeanny Gaillard (see CPLR 321), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before January 13, 2020; and it is further, ORDERED that the respondent’s motion is held in abeyance pending determination of this Court’s motion to dismiss the appeal; 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 Christnicha Prophete and McGlinchey Stafford, PLLC, by regular mail. AUSTIN, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.

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