Henninger v Hardy
Motion No: 2022-04841
Slip Opinion No: 2022 NY Slip Op 69633(U)
Decided on August 5, 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

M284343

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2022-04841

Maura Henninger, respondent,

v Michael Hardy, appellant.

(Index No. 66284/2021)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated May 16, 2022.

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 action on the ground that the appeal has been rendered academic and/or on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, by each uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, if applicable, or, if NYSCEF is not mandated by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before September 6, 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 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 BRATHWAITE NELSON, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court