Appellate Division: Second Judicial Department

M269729

kbp/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-02848 Citimortgage, Inc., respondent, v Debra Mitchell, appellant, et al., defendants. (Index No. 64412/14)

ORDER TO SHOW CAUSE

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 12, 2018, on the ground that the record is incomplete, and on the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on this appeal pursuant to Bray v Cox (38 NY2d 350), or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appellant raises issues in her brief that are not properly before the Court, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 12, 2020; and it is further,

ORDERED that the respondent's motion is held in abeyance in the interim; 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.

DILLON, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court