Appellate Division: Second Judicial Department

M273196

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-04957 John Latora, respondent, v Victor Ferreira, appellant. (Index No. 512079/2015)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated January 31, 2019. By decision and order on motion of this Court dated June 8, 2020, the appellant was directed to upload, through the digital portal on this Court's website, with proof of service thereof, on or before July 23, 2020, (1) a digital copy of a replacement record that includes all of the papers filed in connection with the motion that was determined by the order dated January 31, 2019, including the opposition to the motion, and (2) a digital copy of a replacement appellant's brief that does not refer to matter dehors the record. The appellant failed to file the replacement record and the replacement appellant's brief.

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 in the above-entitled action for failure to comply with the decision and order on motion of this Court dated June 8, 2020, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before October 26, 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