Appellate Division: Second Judicial Department

M227456

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-05367 Thomas Butterfield, appellant, v Huntington Union Free School District, respondent. (Index No. 22936/13)

ORDER TO SHOW CAUSE

Appeal by Thomas Butterfield from an order of the Supreme Court, Suffolk County, dated April 8, 2016. By decision and order on motion of this Court dated December 22, 2016, the respondent's motion to dismiss the appeal was denied on condition that on or before February 6, 2017, the appellant serve and file a supplemental appellant's appendix containing the papers submitted by the parties in connection with the motion that resulted in the order dated April 8, 2016. The appellant has not filed the supplemental appellant's appendix.

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 made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the decision and order on motion of this Court dated December 22, 2016, by each filing an affirmation or affidavit 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 March 31, 2017; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court