| Matter of Bornstein v Blue Diamond Capital, LLC |
| Motion No: 2010-03612 |
| Slip Opinion No: 2016 NY Slip Op 90664(U) |
| Decided on November 4, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M220840
S/afa
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2010-03612 In the Matter of Benjamin Bornstein, appellant, et al., petitioner, v Blue Diamond Capital, LLC, et al., respondents. (Index No. 9615/07)
| ORDER TO SHOW CAUSE |
Appeal by Benjamin Bornstein from a judgment of the Supreme Court, Westchester County, dated February 1, 2010. By decision and order on motion of this Court dated July 28, 2016, the appellant was directed, on or before August 29, 2016, to serve and file a replacement record which does not contain matter dehors the record and includes the material omitted from the original record and a replacement brief that does not refer to matter dehors the record. The appellant has not complied with the decision and order on motion dated July 28, 2016.
Now, on the Court's own motion, it is
ORDERED that the parties to the appeal are directed to show cause before this Court why an order should or should not be entered dismissing the above-entitled appeal for the appellant's failure to comply with the decision and order on motion of this court dated July 28, 2016, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before November 21, 2016; 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 to the appeal by regular mail.
LEVENTHAL, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court