Appellate Division: Second Judicial Department

M178602

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-05974, 2014-07521 Neil Irwin Brody, respondent, v Lauren Justine Brody, appellant. (Index No. 202712/07)

DECISION & ORDER ON MOTION

Appeals by Lauren Justine Brody from an order of the Supreme Court, Nassau County, dated April 17, 2014, and a judgment of the same court entered June 10, 2014. it is

ORDERED that on the Court's own motion, the appeal from the order (Appellate Division Docket No. 2014-05974) is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment and the issues raised on the appeal from the order will be brought up for review on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal from the judgment (Appellate Division Docket No. 2014-07521) in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeal from the judgment in the above-entitled action shall be perfected within 60 days of the date of this decision order on motion; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal from the judgment; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal from the judgment; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal from the judgment to show cause why that appeal should or should not be dismissed.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.