Appellate Division: Second Judicial Department

M226551

S/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-00786 Kevin McCarthy, respondent, v Michelle D. McCarthy, appellant. (Index No. 361/12)

ORDER TO SHOW CAUSE

The defendant having appealed from an order of the Supreme Court, Suffolk County, dated December 3, 2014, the appeal having been perfected on August 31, 2015, the plaintiff having filed a brief on November 30, 2015, and the defendant having filed a reply brief on December 17, 2015.

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

ORDERED that the parties to the appeal 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 appeal has been rendered academic by a stipulation entered into by the parties on April 9, 2015, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before March 23, 2017, and by serving one copy of the same on each other; 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 on the parties by regular mail.

MASTRO, J.P., CHAMBERS, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court