Appellate Division: Second Judicial Department

M275405

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2020-00702 James Savino, appellant-respondent, v Anne Savino, respondent-appellant. (Index No. 50869/2005)

ORDER TO SHOW CAUSE

Appeal and cross appeal from an order of the Supreme Court, Richmond County, dated May 10, 2019. Motion by the respondent-appellant to enlarge the record to include certain material, to extend the time to serve and file an answering brief, including the points of argument on the cross appeal, and to disqualify the attorney for the appellant-respondent.

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

ORDERED that the branches of the motion which are to enlarge the record to include certain material and to disqualify the attorney for the appellant-respondent are denied; and it is further,

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal on the ground that the respondent-appellant is not aggrieved by the order dated May 10, 2019 (see CPLR 5511), by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before March 3, 2021; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file an answering brief, including the points of argument on the cross appeal, is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

DILLON, J.P., DUFFY, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court