Appellate Division: Second Judicial Department

M72966

S/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-08639 In the Matter of Teamsters Local 814 Welfare, Pension and Annuity Funds, etc., respondent, v County Van Lines, Inc., appellant. (Index No. 21225/06)

ORDER TO SHOW CAUSE

Appeal by the defendant from an order of the Supreme Court, Queens County, entered April 30, 2007. By decision and order on motion dated May 6, 2008, page 3 of the record on appeal was stricken and on or before May 26, 2008, the appellant was directed to replace that page with a correct copy of the notice of entry for the order entered April 30, 2007, in the copies of the record on appeal filed with the Clerk of the court. The appellant has not complied with the decision and order on motion dated May 6, 2008.

Now, on the court's own motion, it is

ORDERED that the parties to the appeal show cause why an order should or should not be made and entered dismissing the above-entitled appeal based on the appellant's failure to comply with the decision and order on motion dated May 6, 2008, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before July 25, 2008; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

FISHER, J.P., LIFSON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court