Appellate Division: Second Judicial Department

M269535

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-08911 Wells Fargo Bank, respondent, v Victor Savory, appellant, et al., defendants. (Index No. 505512/15)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated May 12, 2016. By decision and order on motion of this Court dated December 4, 2019, the appellant was directed, on or before January 3, 2020, to serve and file a replacement record which contained the judgment and which did not contain any other motion papers except the motion papers filed in the Supreme Court, Kings County, in connection with the motion that was determined by the order dated May 12, 2016. The appellant has failed to file the replacement 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 December 4, 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 March 3, 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 by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court