Appellate Division: Second Judicial Department

M300890

AFA/

MARK C. DILLON, J.P.

BARRY E. WARHIT

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2022-06943, 2023-08202 U.S. Bank Trust, NA, etc., respondent, v Donald J. Cook, etc., appellant, et al., defendants. (Index No. 15641/2013)

ORDER TO SHOW CAUSE

Appeals from an order of the Supreme Court, Suffolk County, dated August 5, 2022, and an order and judgment (one paper) of the same court dated May 1, 2023. By decision and order on motion of this Court dated June 3, 2024, the appellant was directed to serve and file replacement briefs which contain Appellate Division Docket No. 2023-08202 in addition to Appellate Division Docket No. 2022-06943 on the covers, and to serve and file, via NYSCEF, a replacement record which contains the order and judgment and the notice of appeal from the order and judgment and Appellate Division Docket No. 2023-08202 in addition to Appellate Division Docket No. 2022-06943 on the cover. The appellant has not filed the replacement record. Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the order and judgment, and to dismiss the appeal from the order and judgment on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party.

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

ORDERED that the motion is denied; and it is further,

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 June 3, 2024, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before December 23, 2024; if the appellant be so advised, the appellant may make a motion via NYSCEF, on or before December 23, 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.

DILLON, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court