Appellate Division: Second Judicial Department

M272054

E/ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-03521 Jeanne Altman, plaintiff, Charles Altman, appellant, v Richard S. DiPreta, et al., respondents, et al., defendant. (Index No. 52574/2014)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated March 24, 2015. By decision and order on motion of this Court dated March 6, 2020, the branch of the motion by the respondents Richard S. DiPreta and The DiPreta Law Firm, LLP, which was to dismiss the appeal was denied on condition that on or before April 6, 2020, the appellant serve and file a replacement appellant's appendix that complied with the rules of this Court and did not contain matter dehors the record, and that contained all of the motion papers considered by the Supreme Court, Westchester County, in determining the motions that resulted in the order dated March 24, 2015, and serve and file a replacement brief that contained citations to the appellant's replacement appendix. The appellant has failed to serve and file a replacement appellant's appendix and a replacement brief.

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 for failure to comply with the decision and order on motion of this Court dated March 6, 2020, by electronically filing, via NYSCEF, an affirmation or affidavit, on or before August 28, 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 uploading a copy of this order to show cause to the NYSCEF system.

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

ENTER:

Aprilanne Agostino

Clerk of the Court