Appellate Division: Second Judicial Department

M267413

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-04495, 2018-04498, 2019-06914 Deutsche Bank National Trust Company, etc., respondent, v John Mecca, appellant, et al., defendants. (Index No. 602190/15)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Suffolk County, both dated February 13, 2018, and a judgment of the same court entered May 13, 2019. By decision and order on motion of this Court dated August 26, 2019, the appellant was directed to correct the covers of the appellant's appendix and the appellant's brief filed with the Clerk of this Court to add Appellate Division Docket No. 2019-06914 and file digital copies of the appellant's appendix and briefs that contain the corrected covers, and either serve and file a supplemental appellant's appendix containing the judgment and the notice of appeal from the judgment, properly certified pursuant to 22 NYCRR 1250.7(g), or renew his request pursuant to 22 NYCRR 1250.7(g) to waive certification of the supplemental appellant's appendix containing the judgment and the notice of appeal from the judgment, upon proper papers containing a copy of the proposed supplemental appendix and demonstrating good cause for the waiver of certification, which shall include setting forth an inability to certify by all of the methods set forth in 22 NYCRR 1250.7(g), on or before September 23, 2019. The appellant has not complied with that provision of the decision and order on motion of this Court dated August 26, 2019.

Now, on the Court's own motion, it is

ORDERED that the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled action for failure to comply with the decision and order on motion of this Court dated August 26, 2019, 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 5, 2019; 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court