Appellate Division: Second Judicial Department

M280770

E/sl

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

LARA J. GENOVESI, JJ.

2020-09175, 2020-09200 Diane Petrunti, respondent, v Anthony Petrunti, appellant. (Index No. 7637/2016)

ORDER TO SHOW CAUSE

Appeals from an order of the Supreme Court, Suffolk County, dated November 30, 2020, and an amended order of the same court dated December 9, 2020. Motion by the respondent, in effect, to strike stated portions of the appellant's brief on the ground that they raise issues that are not properly part of the appeals, to dismiss stated portions of the appeals, for leave to serve and file an appendix, and to extend the time to serve and file a brief.

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 before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Suffolk County, entered June 8, 2021 (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue through the digital portal on this Court's website on or before January 28, 2022; if the appellant be so advised, the appellant may make a motion, on or before January 28, 2022, for any relief deemed appropriate; and it is further,

ORDERED that the motion is held in abeyance in the interim; 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 via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

HINDS-RADIX, J.P., MILLER, CONNOLLY and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court