Appellate Division: Second Judicial Department

M297796

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2022-03917, 2023-10429 U.S. Bank, National Association, etc., respondent, v John Faracco, appellant, et al., defendants. (Index No. 23325/2012)

ORDER TO SHOW CAUSE

Appeals from an order of the Supreme Court, Suffolk County, dated April 20, 2022, and an order and judgment (one paper) of the same court dated July 20, 2023. Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the order and judgment, and to dismiss the appeal from the order and judgment on the ground that the order and judgment was entered upon the default of the appealing party. By decision and order on motion of this Court dated February 9, 2024, the appellant was directed to serve and file replacement digital copies of the appendix and briefs which contain Appellate Division Docket No. 2023-10429 in addition to Appellate Division Docket No. 2022-03917 on the covers, and a supplemental appendix containing the order and judgment and the notice of appeal from the order and judgment via NYSCEF, on or before March 11, 2024. The appellant has not filed the replacement appendix and briefs or supplemental appendix.

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

ORDERED that on the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled action for failure to comply with the decision and order on motion of this Court dated February 9, 2024, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before August 16, 2024; if the appellant be so advised, the appellant may make a motion via NYSCEF, on or before August 16, 2024, for any relief deemed appropriate; and it is further,

ORDERED that the motion by respondent is held in abeyance in the interim; and it is further,

ORDERED that the 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.

DUFFY, J.P., MALTESE, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court