Appellate Division: Second Judicial Department

M293633

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2021-09582 Diane Petrunti, respondent, v Anthony Petrunti, appellant. (Index No. 7637/2016)

ORDER TO SHOW CAUSE

2022-01995, 2022-02013

Diane Petrunti, respondent,

v Anthony Petrunti, appellant.

(Index No. 7637/2016)

Appeals from an order of the Supreme Court, Suffolk County, dated December 15, 2021, and from two judgments of the same court, both dated February 18, 2022. The judgments were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal from the order or, in the alternative, to strike the appendix and the appellant's brief, inter alia, on the ground that they contain and refer to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the order was superseded by the judgments by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before February 20, 2024; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before February 20, 2024, for any relief deemed appropriate; and it is further,

ORDERED that the motion by the respondent is held in abeyance in the interim; and it is further,

ORDERED that the Acting Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system.

DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court