Appellate Division: Second Judicial Department

M207168

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-05259 In the Matter of Jane D. Ritter Revocable Living Tru Sabino Biondi, respondent; Mary Rader, appellant. (File No. 380517/14)

ORDER TO SHOW CAUSE st.

Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Nassau County, dated March 31, 2015, on the ground that it has been rendered academic by entry of, inter alia, a decree of the same court in the above-entitled proceeding dated September 17, 2015.

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

ORDERED that on the Court's own motion, the appellant is directed either (1) 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 the decree dated September 17, 2015 (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 March 21, 2016, or (2) if so advised, to make 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 decree, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the decree, and to limit the issues raised on the appeal from the decree to the issues raised in the briefs filed in connection with the appeal from the order; 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 upon the parties to the appeal by regular mail.

BALKIN, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court