Appellate Division: Second Judicial Department

M220780

J/sl

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)

DECISION & ORDER ON MOTION

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, that 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 a copy of the judgment entered October 8, 2015, and a replacement brief that cited to the replacement appendix. The appellant failed to serve and file the replacement appendix and replacement brief. By order to show cause dated August 24, 2016, the parties were 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 and by serving one copy of the same on each other. Anthony L. Mascolo, the attorney for the appellant, filed an affirmation dated September 7, 2016, in response to the motion to dismiss the appeals.

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

ORDERED that on or before November 28, 2016, Anthony L. Mascolo, the attorney for the appellant shall either (1) confirm in writing that he continues to represent the appellant on the appeals and file with the Clerk of this Court proof of service of the affirmation dated September 7, 2016, upon the appellant, or (2) withdraw the affirmation dated September 7, 2016, and file a valid consent to change attorney that is signed by an agent authorized to execute the consent to change attorney on behalf of the appellant and which identifies the new attorney who will represent the appellant on the appeals (see CPLR 321[a]); and it is further,

ORDERED that the motion to dismiss the appeals will be held in abeyance in the interim.

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

ENTER:

Aprilanne Agostino

Clerk of the Court