Appellate Division: Second Judicial Department

M152951

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-03959 Debra Ayer Harris, appellant, v Kevin James Harris, respondent. (Index No. 2664/07)

ORDER TO SHOW CAUSE

Motion by the respondent to enlarge the record on an appeal from an interlocutory judgment of the Supreme Court, Kings County, dated March 13, 2012, to include the transcript of proceedings which occurred on November 7, 2012, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 14, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order as pertains to visitation on the ground that it has been rendered academic by a subsequent stipulation on the issue by visitation entered into between the parties on November 7, 2012, 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 April 5, 2013; 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 or their attorneys by regular mail.

DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court