Appellate Division: Second Judicial Department

M298326

AFA/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2022-00599 HSBC Bank USA, National Association, etc., respondent, v Ashim Kaul, appellant, et al., defendants. (Index No. 503920/2016)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated January 5, 2022. Motion by the respondent to strike stated portions of the appellant's record and brief on the ground that they contain and refer to matter dehors the record and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, 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should or should not be made and entered dismissing the appeal on the ground that the order dated January 5, 2022, was superseded by an order of the same court dated April 8, 2024, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before September 6, 2024; and it is further,

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

ORDERED that the Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system.

CHAMBERS, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court