Appellate Division: Second Judicial Department

M163508

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2012-08806, 2012-08823, 2012-11120, 2012-11200 Philip A. Campione, appellant, v Rita A. Alberti, respondent. (Index No. 200130/09)

ORDER TO SHOW CAUSE

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, both dated July 25, 2012, and two orders of the same court dated September 28, 2012, and October 3, 2012, respectively, in effect, on the ground that they have been rendered academic by a custody stipulation dated August 9, 2009, and a stipulation of settlement dated November 15, 2012, or, in the alternative, to enlarge the record to include the custody stipulation and the stipulation of settlement, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the parties are directed to show cause before this Court why the appeals should or should not be dismissed on the ground that the right of direct appeal therefrom terminated with entry of a judgment dated April 2, 2013, in the above-entitled action (see Matter of Aho, 39 NY2d 241, 248), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 30, 2013; and it is further,

ORDERED that the respondent's 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 on the parties or their attorneys by regular mail.

RIVERA, J.P., SGROI, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court