Appellate Division: Second Judicial Department

M187095

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00649 Dennis O'Rourke, appellant, v Denise O'Rourke, respondent. (Index No. 201779/10)

ORDER TO SHOW CAUSE

Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated December 5, 2012. The appellant perfected the appeal on June 20, 2013. The attorney for the children filed a brief on August 21, 2013, the respondent filed a brief on September 24, 2013, and the appellant filed a reply brief on October 8, 2013.

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

ORDERED that the parties are directed to show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the order dated December 5, 2012, has been superseded by a judgment of the Supreme Court, Nassau County, entered February 20, 2014, and the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241), or in the alternative, deeming the notice of appeal from the order dated July 16, 2013, to be a premature notice of appeal from the judgment entered February 20, 2014, to the extent that the judgment brings up for review the issues raised on the appeal from the order (see CPLR 5520[c]), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before February 27, 2015; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall 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