Hernandez v Merchant Mutual Insurance Company
Motion No: 2017-11209
Slip Opinion No: 2020 NY Slip Op 70951(U)
Decided on September 2, 2020
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272731

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-11209

Mario Hernandez, respondent,

v Merchant Mutual Insurance Company,

appellant.

(Index No. 68054/2013)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated September 30, 2017.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant's appeal from a judgment of the Supreme Court, Westchester County, entered October 26, 2017, in the above-entitled action, under Appellate Division Docket No. 2018-03241, was never perfected and deemed dismissed pursuant to 22 NYCRR 1250.10(a), by uploading a digital copy of an affirmation or an affidavit, with proof of service thereof, through the digital portal on this Court's website, on or before September 29, 2020; if the appellant be so advised, it may make a motion, by uploading a digital copy of the motion, with proof of service thereof through the digital portal on this Court's website, on or before September 29, 2020, for any relief deemed appropriate with respect to the appeals; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court