Appellate Division: Second Judicial Department

M217078

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-10364, 2016-06240 J.K. Petroleum, Inc., respondent, v JMP USA, Inc., appellant. (Index No. 5151/13)

ORDER TO SHOW CAUSE

Appeals by JMP USA, Inc., from an order of the Supreme Court, Nassau County, dated August 31, 2015, and a judgment of the same court entered October 8, 2015. By decision and order on motion of this Court dated June 28, 2016, the branch of the respondent's motion which was to dismiss the appeal from the order dated August 31, 2015, was denied on condition that on or before July 28, 2016, the appellant serve and file a replacement appendix that complied with the CPLR and the rules of this Court, and contained the judgment entered October 8, 2015, and a replacement brief that cited to the replacement appendix. The appellant has not filed the replacement appendix and replacement brief.

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

ORDERED that the parties are directed to show cause why the appeals should or should not be dismissed on the ground that the appellant failed to comply with the decision and order on motion of this Court dated June 28, 2016, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before September 15, 2016, and by serving one copy of the same on each other; 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.

LEVENTHAL, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court