Appellate Division: Second Judicial Department

M48511

S/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2006-08523 In the Matter of Angela Abeles, appellant, v Jay Abeles, respondent. (Docket No. O-12532-06)

ORDER TO SHOW CAUSE

On the court's own motion, it is

ORDERED that its order to show cause dated November 30, 2006, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by Angela Abeles from an order of the Family Court, Suffolk County, dated August 11, 2006.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys show cause before this court why an order should or should not be made and entered summarily reversing the order dated August 11, 2006, on the ground that the Family Court, Suffolk County, was without jurisdiction to sua sponte vacate its own prior order (see Matter of Savini v Burgaleta, ______ AD3d ______ [2d Dept, Nov. 21, 2006]), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before January 12, 2007; 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 on the parties or their attorneys by regular mail.

KRAUSMAN, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court