Appellate Division: Second Judicial Department

M103699

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-09012 In the Matter of Joseph Cannone, respondent, v Catherine Cannone, appellant. (Index No. 27665-03)

ORDER TO SHOW CAUSE

Appeal by Catherine Cannone from an order of the Supreme Court, Suffolk County, dated July 13, 2007. During the pendency of the appeal the appellant, Catherine Cannone, died. The appeal has been held in abeyance pending substitution of a personal representative of the respondent. More than four months having elapsed since notice of the death was given to the court and no motion having been made to dismiss the appeal or to substitute a personal representative in the deceased party's stead.

On the court's own motion, it is

ORDERED that the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party thereto show cause before this court pursuant to CPLR 1021, why an order should or should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution by filing an affirmation or affidavit on that issue with the Clerk of this court on or before June 18, 2010; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties, or their attorneys, and the persons interested in the estate of the appellant by regular mail.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court