Appellate Division: Second Judicial Department

M243227

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-11737, 2017-11742 In the Matter of Alexandra Detore, respondent, v Brian Detore, appellant. (Docket No. F-10771-08/16M)

ORDER TO SHOW CAUSE

Motion by the appellant to stay enforcement of two orders of the Family Court, Suffolk County, both dated October 6, 2017, pending hearing and determination of appeals therefrom.

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 parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the grounds that no appeal lies from an order of a support magistrate making a finding of willful violation of a support order (see Family Ct Act § 439[a]; see Matter of Goulding v Goulding, ___ AD3d ___ [2d Dept Dec. 6, 2017]) and no appeal lies from an order of a support magistrate before objections 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 17, 2018; and it is further,

ORDERED that the 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, by regular mail.

BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court