Appellate Division: Second Judicial Department

M298778

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-02450 In the Matter of Charlene Nederlander, deceased. James Couri, petitioner-appellant; Kristina Gustafson, respondent-respondent. (File No. 2784/2019)

ORDER TO SHOW CAUSE

Appeal from an order of the Surrogate's Court, Suffolk County, dated March 8, 2021.

By decision and order on motion of this Court dated May 19, 2023, the appellant was directed to serve and file a replacement appendix which does not contain the declarations of Tim McCoy, dated August 21, 2021, and January 18, 2022, and which includes page numbers in accordance with CPLR 5529(b), and a replacement appellant's brief which does not refer to the declarations of Tim McCoy, dated August 21, 2021, and January 18, 2022, and upload a digital copy of the replacement appendix and appellant's brief, with proof of service thereof, through the digital portal on this Court's website on or before June 20, 2023. The appellant has not filed the replacement appendix and the replacement appellant's brief.

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 May 19, 2023, by uploading a digital copy of an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before September 25, 2024; if the appellant be so advised, the appellant may seek leave to make a motion, on or before September 25, 2024, for any relief deemed appropriate; 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 or their attorneys, and upon the appellant, 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

Clerk of the Court