Appellate Division: Second Judicial Department

M262835

E/mm

MARK C. DILLON, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-10914 Maryellen Lively, appellant, v Michael Lively, respondent. (Index No. 200882/15)

ORDER TO SHOW CAUSE

Motion by the appellant to extend the time to perfect an appeal from a decision and order (one paper) of the Supreme Court, Nassau County, dated February 26, 2018.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause why the appeal should or should not be dismissed on the ground that the portion of the decision and order that denied applications and motions previously referred to trial are not appealable as of right as they did not result from motions made on notice and leave to appeal has not been granted (see CPLR 5701), and the remainder of the decision and order constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by filing an affirmation or affidavit on that issue with the Clerk of this Court on or before June 21, 2019; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties to the appeal by regular mail.

DILLON, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court