Wenner v Wenner
Motion No: 2021-09260
Slip Opinion No: 2022 NY Slip Op 67007(U)
Decided on June 6, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M283302

E/afa

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-09260

Elizabeth Wenner, respondent,

v Lawrence Wenner, appellant.

(Index No. 201019/2014)

ORDER TO SHOW CAUSE

Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the parties are directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and/or on the ground that no appeal lies from an order that is not result the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), by serving and filing an affidavit or affirmation on that issue via NYSCEF on or before June 22, 2022, 2022; 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 on the parties, by uploading a copy of this order to show cause to the NYSCEF system.

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

ENTER:

Maria T. Fasulo

Clerk of the Court