Appellate Division: Second Judicial Department

M291161

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-09406 David Mussenden, appellant, v Rapid Processing, LLC, et al., respondents. (Index No. 505094/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated November 12, 2021. By decision and order on motion of this Court dated July 31, 2023, the appellant was directed to serve and file a replacement record that does not contain the material currently included in the record at pages 20-280 and pages 350-359. The appellant has not filed the replacement record.

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 decision and order on motion of this Court dated July 31, 2023, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before October 20, 2023; if the appellant be so advised, the appellant may make a motion via NYSCEF, on or before October 20, 2023, for any relief deemed appropriate; 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 by uploading a copy of this order to show cause to the NYSCEF system.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court