Appellate Division: Second Judicial Department

M145500

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-02629 Bruce Marley, respondent-appellant, v Barbara Marley, appellant-respondent. (Index No. 4655/09)

ORDER TO SHOW CAUSE

Appeal by Barbara Marley and cross appeal by Bruce Marley from a judgment of the Supreme Court, Orange County, dated February 14, 2011. The appellant-respondent perfected the appeal on November 16, 2011. The respondent-appellant filed a brief on February 23, 2012, and the appellant-respondent filed a reply brief on March 27, 2012. On February 24, 2012, the Supreme Court, Orange County, issued an amended judgment.

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

ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should not be made and entered dismissing the appeal and cross appeal on the ground that the judgment has been superseded by the amended judgment, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before November 13, 2012, as no notices of appeal have been filed from the amended judgment nor have the parties moved to deem the notices of appeal and cross appeal from the judgment to be notices of appeal and cross appeal from the amended judgment and to limit the issues raised on an appeal and cross appeal from the amended judgment to those raised in the briefs filed in connection with the appeal and cross appeal from the judgment; and it is further,

ORDERED that the Clerk of this Court is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court