Appellate Division: Second Judicial Department

M290572

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-08933 Gerald Aksherian, Sr., appellant, v IEEE, etc., et al., respondents. (Index No. 8448/2018)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated July 19, 2023, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal from an order of the Supreme Court, Queens County, entered May 8, 2019.

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 has not served a subpoena upon the clerk of the court of original instance and filed proof of such service in accordance with this Court's rules (see 22 NYCRR 1250.9[a][2][i]), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before September 15, 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 15, 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 or their attorneys, 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., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court