Pitt v New York City Transit Authority
Motion No: 2013-10753
Slip Opinion No: 2015 NY Slip Op 86382(U)
Decided on October 2, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M199463

S/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2013-10753

Eugene Pitt, appellant, v New York City

Transit Authority, respondent.

(Index No. 33476/06)

ORDER TO SHOW CAUSE

Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated March 8, 2011. By decision and order on motion of this Court dated July 29, 2015, the appellant was directed to serve and file a supplemental record containing respondent's trial exhibit D, on or before August 28, 2015. The appellant has not complied with that directive.

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

ORDERED that the parties are directed to show cause before this Court why an order should or should not be entered dismissing the above-entitled appeal based on the appellant's failure to serve and file a supplemental record containing respondent's trial exhibit D, by filing an affirmation on that issue in the office of the Clerk of this Court and serving one copy of the same on each other, on or before October 23, 2015; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties by regular mail.

CHAMBERS, J.P., DICKERSON, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court