Appellate Division: Second Judicial Department

M263220

E/mm

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-04389 Maura Noordhoorn Gregory, respondent, v Robert Michael Thomas Gregory, appellant. (Index No. 202573/14)

ORDER TO SHOW CAUSE

Motion by the appellant to stay enforcement of a decision and order (one paper) of the Supreme Court, Nassau County, dated January 24, 2019, 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 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 which denied the defendant's motions for contempt and for counsel fees and any other requested relief did not result from a motion 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 25, 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.

RIVERA, J.P., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court