Appellate Division: Second Judicial Department

M311550

ID/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2023-11525 Ralph Newman, respondent, v Orange County, appellant, et al., defendants. (Index No. 2176/2021)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Orange County, dated October 10, 2023.

By scheduling order dated December 8, 2023, the appellant was directed to perfect the appeal within 90 days of the date of the scheduling order. The appellant has failed to perfect the appeal. Pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is

ORDERED that the parties 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 scheduling order dated December 8, 2023, by each uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website on or before April 9, 2026; 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, 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