Appellate Division: Second Judicial Department

M281746

E/sl

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2020-07838 John Sagaria, appellant, v Cynthia Sagaria, respondent. (Index No. 8102/2013)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Orange County, dated September 4, 2020. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the appellant's appendix is inadequate and contains matter dehors the record, and that the brief raises issues that are not properly before the Court.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 from the order dated September 4, 2020, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Orange County, dated December 4, 2020 (see Matter of Aho, 39 NY2d 241) and/or the order is superseded by the judgment, by filing an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before April 4, 2022; if the appellant be so advised, the appellant may make a motion, on or before April 4, 2022, for any relief deemed appropriate; and it is further,

ORDERED that the respondent's 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.

BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court