Appellate Division: Second Judicial Department

M217405

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2012-08079 In the Matter of Jeffrey L. Goldberg, et al., petitioners, Eric Sanders, petitioner-appellant, v New York State Division of Human Rights, respondent, Mary Rocco, respondent-respondent. (Index No. 5937/10)

ORDER TO SHOW CAUSE

Appeal by Eric Sanders from an order of the Supreme Court, Nassau County, dated July 17, 2012. By decision and order on motion of this Court dated June 27, 2016, the branch of the respondent-respondent's motion which was to dismiss the appeal on the ground that the petitioner-appellant's appendix was inadequate was denied on condition that on or before July 25, 2016, the petitioner-appellant serve and file a supplemental appendix containing the affirmation of Tracey S. Bernstein dated July 2, 2012, with annexed exhibits. The petitioner-appellant has failed to file the supplemental appendix.

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

ORDERED that the parties are directed to show cause before this Court why the appeal should or should not be dismissed for failure to comply with the decision and order on motion of this Court dated June 27, 2016, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before September 20, 2016, and serving one copy of the same on each other; and it is further,

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

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

ENTER:

Aprilanne Agostino

Clerk of the Court