Appellate Division: Second Judicial Department

M246588

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-04822 Dean Hart, respondent-appellant, v Deborah Rosenthal, appellant-respondent. (Index No. 6379/12)

ORDER TO SHOW CAUSE

Appeal and cross appeal from an order of the Supreme Court, Nassau County, entered March 14, 2016. By order of the Supreme Court, Nassau County, dated October 11, 2017, the action was dismissed.

Now, on the Court's own motion, 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 and the cross appeal on the ground that the appeal and cross appeal have been rendered academic by the order dated October 11, 2017, by filing an affirmation or affidavit on that issue with the Clerk of this Court and by serving one copy of the same on each other on or before March 19, 2018; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court