| Finley v Finley |
| Motion No: 2021-05908 |
| Slip Opinion No: 2024 NY Slip Op 60721(U) |
| Decided on January 17, 2024 |
| 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. |
Appellate Division: Second Judicial Department
M293570
KS/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2021-05908 Holly Finley, respondent, v Richard Finley, appellant. (Index No. 32098/2020)
| ORDER TO SHOW CAUSE |
On the Court's own motion, 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), or, in the alternative, on the ground that the right of direct appeal from the decision and order terminated upon entry in the above-entitled action of a judgment of the same court dated December 2, 2021 (see Matter of Aho, 39 NY2d 241), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before February 16, 2024; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before February 16, 2024, for any relief deemed appropriate; and it is further,
ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel 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:
Darrell M. Joseph
Acting Clerk of the Court