Appellate Division: Second Judicial Department

M250056

E/afa

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2016-13181 Nella Manko, appellant, v David A. Gabay, et al., respondents, et al., defendants. (Index No. 22148/13)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated October 7, 2016. By decision and order on motion of this Court dated March 19, 2018, the branches of a motion by the respondents Aaronson Rappaport Feinstein & Deutsch, LLP, Elliot J. Zucker, and Mark J. Aaronson and a separate motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser, which were to dismiss the appeal were denied on condition that on or before April 30, 2018, the appellant serve and file a replacement appellant's appendix and a replacement appellant's brief which does not contain matter dehors the record and which complies with the CPLR and rules of this Court. The appellant has not filed the replacement appellant's appendix and the replacement appellant's brief.

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 made and entered dismissing the appeal for failure to comply with the decision and order on motion of this Court dated March 19, 2018, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 6, 2018; 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 to the appeal by regular mail.

SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court