Appellate Division: Second Judicial Department

M222970

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-12416, 2016-12419, 2016-12420 In the Matter of Tani J. Magliocco, respondent, v Ambrose A. Magliocco, appellant. (Docket No. F-4329-14/15E)

ORDER TO SHOW CAUSE

Appeals by Ambrose A. Magliocco from a decision of the Family Court, Nassau County, dated September 26, 2016, and two orders of the same court dated October 17, 2016, and October 18, 2016, respectively.

On the Court's own motion, it is

ORDERED that the appeal from the decision dated September 26, 2016, is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated October 17, 2016, in the above-entitled proceeding on the ground that the portion of that order which determined that the appellant was in willful violation of a prior order has no force and effect until that portion of the order is confirmed by a judge of the Family Court (see Family Ct Act § 439[a]), and the portion of the order which directed that the appellant pay arrears in the sum of $26,415.40 plus interest is not appealable before objections to that portion of the order have been reviewed by a judge of the Family Court (see Family Ct Act § 439[e]), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before January 31, 2017; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court