Appellate Division: Second Judicial Department

M291599

AFA/

JOSEPH J. MALTESE, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2021-06368 In the Matter of Charles Lane, appellant, v County of Nassau, et al., respondents. (Index No. 606079/2021)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, dated August 26, 2021. Motion by the appellant to extend the time to serve and file a reply brief. Motion by the respondents, inter alia, in effect, to dismiss the appeal on the ground that the record is inadequate.

Upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, it is

ORDERED on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order as denied an award of attorney's fees on the ground that this portion of the order has been superseded by an order of the same court dated February 17, 2022, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before November 17, 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 counsel by uploading a copy of this order to show cause to the NYSCEF system; and it is further,

ORDERED that the motions are held in abeyance in the interim.

MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court