Appellate Division: Second Judicial Department

M257158

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-10705 Bank of Americas, N.A., etc., respondent, v Cleveland Johnson, appellant. (Index No. 27073/11)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Kings County, dated December 14, 2017. By decision and order on motion of this Court dated July 3, 2018, the notice of appeal from an order of the same court dated August 28, 2017, was deemed to be a premature notice of appeal from the judgment and the appellant was directed to serve and file a supplemental appellant's appendix containing the judgment on or before July 26, 2018. The appellant has failed to file the supplemental appellant's appendix containing the judgment.

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 for failure to comply with the decision and order on motion of this Court dated July 3, 2018, 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 November 26, 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 by regular mail.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court