Appellate Division: Second Judicial Department

M283161

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-03522 In the Matter of Michael Kestan, appellant, v Nancy Passaretti, respondent. (Docket No. F-13902-2019/19A)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated May 20, 2022, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from an order of the Family Court, Suffolk County, dated May 11, 2020.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 4 (see Family Ct Act § 1112), and leave to appeal has not been granted, by uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before June 21, 2022; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before June 21, 2022; 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 or their attorneys, and upon the appellant, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court