Appellate Division: Second Judicial Department

M280983

E/mb

VALERIE BRATHWAITE NELSON, J.P.

SHERI S. ROMAN

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2020-09665 John Borzilleri, appellant-respondent, v Sarah Boyce Borzilleri, respondent- appellant. (Index No. 5089/2017)

ORDER TO SHOW CAUSE

Appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered December 2, 2020. Motion by the respondent-appellant (1) to strike stated portions of the appellant-respondent's brief and to dismiss the appeal, (2) to direct the appellant-respondent to remove pages 1069 through1084 from the joint appendix and re-label the joint appendix or, in the alternative, to dismiss the appeal on the ground that the joint appendix is inadequate, and (3) to extend the time to serve and file a brief and appendix.

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 appeal and cross appeal on the ground that the appeal and cross appeal have been rendered academic, in whole or in part, by a stipulation of the parties, which was so-ordered on August 16, 2021, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before February 18, 2022; and it is further,

ORDERED that the respondent-appellant's motion 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 by uploading a copy of this order to show cause to the NYSCEF system.

BRATHWAITE NELSON, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court