Appellate Division: Second Judicial Department

M257999

E/afa

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-07442 John V. Muzio, Jr., etc., appellant, et al., plaintiff, v Maria Alfaro-Hardy, etc., et al., respondents. (Index No. 10528/05)

ORDER TO SHOW CAUSE

Appeal by John V. Muzio, Jr., from an order of the Supreme Court, Nassau County, entered May 8, 2017, as amended April 16, 2018. By decision and order on motion of this Court dated October 12, 2018, the branches of the motions by the respondents Maria Alfaro-Hardy, Joanne Banco, and Village of Bayville and by the respondent Florence Risman which were to dismiss the appeal were denied on condition that on or before November 13, 2018, the appellant serve and file a supplemental appendix containing all of the motion papers considered by the Supreme Court, Nassau County, in determining the motions that resulted in the order entered May 8, 2017. 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 in the above-entitled action for failure to comply with the decision and order on motion of this Court dated October 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 December 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.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court