Aberbach-Marolda v Cherner
Motion No: 2018-06508
Slip Opinion No: 2023 NY Slip Op 71712(U)
Decided on August 14, 2023
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

M290521

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-06508

Susanne Aberbach-Marolda, et al., respondents,

v Daniel Cherner, appellant.

(Index No. 58495/2016)

ORDER TO SHOW CAUSE

2019-01115

Susanne Aberbach-Marolda, et al., respondents,

v Daniel Cherner, appellant.

(Index No. 58495/2016)

2019-02950

Susanne Aberbach-Marolda, et al., respondents,

v Daniel Cherner, appellant.

(Index No. 58495/2016)

2019-02951

Susanne Aberbach-Marolda, et al., respondents,

v Daniel Cherner, appellant.

(Index No. 58495/2016)

2019-09826

Susanne Aberbach-Marolda, et al., respondents,

v Daniel Cherner, appellant.

(Index No. 58495/2016)

Appeals from four orders of the Supreme Court, Westchester County, dated April 30, 2018, December 17, 2018, February 26, 2019, and March 6, 2019, respectively, and a judgment of the same court dated August 13, 2019. By decision and order on motion of this Court dated May 17, 2023, Laura Friedman was directed to advise this Court in writing of the appearance of counsel retained to represent her as the administrator of the estate of Doris T. Friedman, and whether the briefs previously filed by Doris T. Friedman will be adopted, or the briefs previously filed by Doris T. Friedman would be stricken. Laura Friedman has not so advised this Court.

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

ORDERED that the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered striking the briefs previously filed by Doris T. Friedman in the above-entitled appeals for failure to comply with the decision and order on motion of this Court dated May17, 2023, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before September 13, 2023; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Acting Clerk of this Court, on or before September 13, 2023; and it is further,

ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties to the appeals or their attorneys, by uploading a copy of this order to show cause to the NYSCEF system and by regular mail.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court