Appellate Division: Second Judicial Department

M299874

KS/

BETSY BARROS, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

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

DECISION & ORDER ON MOTION

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 did not file the replacement appendix and the replacement appellant's brief. By order to show cause dated August 26, 2024, the parties were 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 proceeding for failure to comply with the decision and order on motion of this Court dated May 19, 2023.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

BARROS, J.P., DOWLING, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court