| Lazbin v Lazbin |
| Motion No: 2015-03966 |
| Slip Opinion No: 2016 NY Slip Op 62376(U) |
| Decided on January 26, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M205173
E/sl
REINALDO E. RIVERA, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2015-03966 Stanislav Lazbin, respondent, v Anita Lazbin, appellant. (Index No. 50508/05)
| ORDER TO SHOW CAUSE |
Motion by the respondent for leave to serve and file a supplemental record containing a copy of his 2008 Federal tax return on an appeal from an order of the Supreme Court, Richmond County, dated March 4, 2015. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of a final judgment dated September 18, 2015, in the above-entitled action (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 16, 2016, or by making a motion pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, to deem the record and brief filed in connection with the appeal from the order to be filed in connection with the judgment, and to limit the issues raised on the appeal from the judgment to the issues raised in the briefs filed in connection with the appeal from the order; and it is further,
ORDERED that the motion and the application are 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 upon the appellant by regular mail.
RIVERA, J.P., SGROI, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court