Appellate Division: Second Judicial Department

M267574

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-08908 Deutsche Bank National Trust Company, respondent, v William White, defendant, Yves R. Baptiste, appellant. (Index No. 35442/07)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated July 18, 2017. By decision and order on motion of this Court dated December 6, 2018, the appellant was directed, on or before December 20, 2018, to remove pages A46 and A94 from the copies of the appellant's appendix filed with the Clerk of the Court, replace the table of contents of the copies of the appellant's appendix filed with the Clerk of the Court with a table of contents which lists and briefly describes the exhibits annexed to the affirmation in opposition and the reply affirmation, and serve and file a supplemental appellant's appendix containing the documents annexed as Exhibits D, F, G, and H to the motion papers which were filed in connection with the underlying motion. The appellant has failed to correct the appellant's appendix and file the supplemental appellant's appendix.

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 in the above-entitled action for failure to comply with the decision and order on motion of this Court dated December 6, 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 11, 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 by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court