Appellate Division: Second Judicial Department

M300391

KS/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2023-02869 Dana Jacobson, appellant, v Jeffrey Mica Jacobson, respondent. (Index No. 50842/2021)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated February 28, 2023. Motion by the respondent to strike the record and appellant's brief on the ground that they contain and refer to matter dehors the record and for an award of attorney's fees or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that on the Court's own motion, the parties to the appeal 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 no appeal lies from a decision (see Schicchi v J. A. Green Constr. Co., 100 AD2d 509), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before November 29, 2024; and it is further,

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

ORDERED that the 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.

DILLON, J.P., DOWLING, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court