Appellate Division: Second Judicial Department

M277960

J/sl

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2019-13528 Moshe Kugel, et al., plaintiffs-respondents, v Kenneth Reynolds, et al., respondents-appellants, Sterling Palmer, defendant-respondent, Arnold Treco, Jr., PLLC, et al., appellants-responden (Index No. 16120/2012)

ORDER TO SHOW CAUSE ts.

Appeal and cross appeals from an order of the Supreme Court, Kings County, dated June 27, 2019. By decision and order on motion of this Court dated May 19, 2021, the appellants-respondents' motion to dismiss the cross appeal by Kenneth Reynolds was denied on condition that the respondent-appellant Kenneth Reynolds pay a one-third share of the cost of the joint record and file proof of payment with the Clerk of this Court on or before June 21, 2021. The respondent-appellant Kenneth Reynolds has not filed proof of payment.

Now, on the Court's own motion, it is

ORDERED that the parties to the appeal and cross appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal by Kenneth Reynolds in the above-entitled action for failure to comply with the decision and order on motion of this Court dated May 19, 2021, 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 August 6, 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 and cross appeals via email to the email address provided to this Court, or if no email address is available for service by regular mail.

LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court