Altieri v Altieri
Motion No: 2017-11682
Slip Opinion No: 2018 NY Slip Op 61131(U)
Decided on January 12, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M244530

E/rr

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2017-11682

Vincent Altieri, appellant,

v Vlada Altieri, respondent.

(IDV No. 2013ID000012)

ORDER TO SHOW CAUSE

Motion by the appellant to stay enforcement of an order of the Supreme Court, Rockland County (IDV Part), dated October 18, 2017, pending hearing and determination of an appeal therefrom.

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

ORDERED that the parties are directed to show cause 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 decision and order of this Court dated December 13, 2017, under Appellate Division Docket No. 2016-07211, by filing an affirmation or affidavit on that issue with the Clerk of this Court on or before February 2, 2018, and by serving one copy of the same on each other; and it is further,

ORDERED that the motion for a stay 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 on the parties by regular mail.

CHAMBERS, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court