Appellate Division: Second Judicial Department

M300686

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2023-11152 Tamar Kurtanidze, appellant, v Salvatore Fasino, respondent. (Index No. 521493/2020)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated July 19, 2023. By decision and order on motion of this Court dated September 11, 2024, the appellant was directed to serve and file a replacement record that does not contain pages 309 and 310, that contains an accurate reproduction of the so-ordered stipulation dated May 2, 2023 (see 22 NYCRR 1250.7[a]), and that is in all other respects the same as the record previously filed. The appellant has not filed the replacement record.

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 September 11, 2024, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before December 13, 2024; if the appellant be so advised, the appellant may make a motion via NYSCEF, on or before December 13, 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 by uploading a copy of this order to show cause to the NYSCEF system.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court