Appellate Division: Second Judicial Department

M223022

S/sl

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-08777 Temmi Kramer, appellant, v David Kramer, respondent. (Index No. 202042/11)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, dated July 17, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent to strike the record on appeal on the ground that it contains matter dehors the record and to enlarge the time to serve and file a brief.

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

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated with entry of the final judgment on June 10, 2016 (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 January 30, 2017, or, if the appellant be so advised, by making a motion, on or before January 30, 2017, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a cross notice of appeal from those portions of the judgment which bring the order up for review (see CPLR 5501[a][1]), to allow her and David Kramer to file a joint record or appendix on the appeal and cross appeal from the judgment and to deem the brief filed in connection with the appeal from the order to be the brief filed in connection with the cross appeal from the judgment, or, in the alternative, if David Kramer elects not to prosecute his appeal from the judgment, to deem the record and brief filed in connection with the appeal from the order to be the record and brief on the cross appeal from the judgment, and to limit the issues raised by the appellant on the cross appeal from the judgment to the issues raised in her brief filed in connection with the appeal from the order; and it is further,

ORDERED that the motion and cross motion 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 parties by regular mail.

HALL, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court