Appellate Division: Second Judicial Department

M257303

E/afa

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-07541 Nella Manko, appellant, v David A. Gabay, etc., et al., respondents. (Index No. 22148/13)

ORDER TO SHOW CAUSE

Appeal by Nella Manko from an order of the Supreme Court, Kings County, dated May 31, 2017. By decision and order on motion of this Court dated September 12, 2018, the branches of the motions by the respondents Bernard H. Broome and the Law Office of Bernard H. Broome, PLLC, and the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser which were to dismiss the appeal on the ground that the appellant's appendix was inadequate were denied on condition that on or before October 12, 2018, the appellant serve and file a supplemental appendix containing the opposition papers filed by the respondents in connection with the appellant's motion that was determined by the order dated May 31, 2017, and the branch of the appellant's motion which was to waive compliance with the requirements regarding certification of the appellant's appendix was denied with leave to renew by a motion made simultaneously with the filing of the appellant's supplemental appendix. The appellant has not filed the supplemental 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 for failure to comply with the decision and order on motion of this Court dated September 12, 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 30, 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.

BALKIN, J.P., SGROI, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court