Appellate Division: Second Judicial Department

M286326

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

JANICE A. TAYLOR, JJ.

2022-01431 Kathleen F. Heinegg, respondent, v Thomas F. Heinegg, appellant. (Index No. 2840/2019)

ORDER TO SHOW CAUSE

Appeal from a decision and order after trial of the Supreme Court, Suffolk County, dated January 10, 2022. Motion by the appellant to extend the time to perfect the appeal.

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

ORDERED 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 in the above-entitled matter on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and 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 affidavit on those issues, via NYSCEF, if applicable, or, if NYSCEF is not mandated by uploading a digital copy of an affirmation or affidavit on those issues, with proof of service thereof, through the digital portal on this Court's website, on or before January 13, 2023; and it is further,

ORDERED that the appellant'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.

IANNACCI, J.P., CHAMBERS, MALTESE and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court