Matter of Barreto v Hernandez
Motion No: 2018-03305
Slip Opinion No: 2018 NY Slip Op 69211(U)
Decided on April 9, 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

M248524

E/afa

MARK C. DILLON, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2018-03305

In the Matter of Lizbeth Barreto, respondent,

v Roberto Hernandez, appellant.

(Docket No. V-10366-17)

ORDER TO SHOW CAUSE

Appeal by Roberto Hernandez from an order of the Family Court, Westchester County, dated February 13, 2018.

On the Court's own motion, it is

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 in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), 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 May 1, 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 upon the parties by regular mail.

DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court