Appellate Division: Second Judicial Department

M269868

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-02889 In the Matter of Richard Werner, respondent, v Roni Werner, appellant. (Docket Nos. F-785-15/18E, F-785-15/18EF)

ORDER TO SHOW CAUSE

Appeal by Roni Werner from an order of the Family Court, Suffolk County, dated February 25, 2019. By decision and order on motion dated November 25, 2019, this Court granted the appellant's motion for a reconstruction hearing with respect to the minutes of the hearing which occurred on December 10, 2018, and referred the matter to the Family Court, Suffolk County, for a reconstruction hearing. In a report dated January 29, 2020, the Family Court, Suffolk County, stated that the minutes of the hearing which occurred on December 10, 2018, could not be reconstructed.

On the Court's own motion, it is

ORDERED that the parties to the appeal are directed to show cause before this Court why an order should or should not be entered granting summary reversal of the order dated February 25, 2019, on the ground that the Family Court, Suffolk County, found that the hearing of December 10, 2018, could not be reconstructed, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 17, 2020; and it is further,

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

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

ENTER:

Aprilanne Agostino

Clerk of the Court