Appellate Division: Second Judicial Department

M268252

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-03554 Wells Fargo Bank, NA, respondent, v Kenneth Moxey, etc., appellant, et al., defendant. (Index No. 706420/14)

ORDER TO SHOW CAUSE

Appeal from an order and judgment of the Supreme Court, Queens County, dated September 20, 2018. By decision and order on motion of this Court dated October 10, 2019, the appellant was directed, inter alia, to serve and file a supplemental record containing the order and judgment on or before November 1, 2019. The appellant has failed to file the supplemental record.

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 October 10, 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 January 7, 2020; 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