Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264873

E/jr

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-05679 Randy Zelin, appellant, v Hilary Zelin, respondent. (Index No. 202396/11)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated July 22, 2019, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 10, 2019, inter alia, to direct the examination of the subject child by a medical professional, and, in effect, to stay enforcement of so much of the order as directed him to pay counsel fees, pending hearing and determination of the appeal.

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

ORDERED that the motion is denied; and it is further,

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 from so much of the order as denied the appellant's motion in the underlying action on the ground that this portion of the appeal is academic because the subject child is now 18 years old, 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 August 19, 2019; 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.

SCHEINKMAN, P.J., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court