Karia v Glen
Motion No: 2019-02005
Slip Opinion No: 2021 NY Slip Op 63480(U)
Decided on March 24, 2021
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

M276282

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2019-02005

Rekha S. Karia, et al., appellants,

v Bruno Glen, et al., respondents.

(Index No. 1468/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Dutchess County, dated December 31, 2018. By decisions and orders on motion of this Court dated October 16, 2020, and December 18, 2020, the branch of the motion by the respondent Herb Redl Properties which was to dismiss the appeal was denied on condition that the appellants upload a digital copy of a replacement record containing certain material, with proof of service thereof, through the digital portal on this Court's website on or before January 15, 2021. Additionally, the decisions and orders on motion of this Court dated October 16, 2020, and December 18, 2020, directed that the appellants upload a digital copy of replacement brief, with proof of service thereof, through the digital portal on this Court's website on or before January 15, 2021, and directed that the replacement record not contain certain exhibits. The appellants have not uploaded the replacement record or the replacement brief as directed by the decisions and orders on motion of this Court dated October 16, 2020, and December 18, 2020.

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 decisions and orders on motion of this Court dated October 16, 2020, and December 18, 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 April 23, 2021; 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 via email to the email address provided to this Court, or if no email address is available for service by regular mail.

MASTRO, A.P.J., RIVERA, DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court