Appellate Division: Second Judicial Department

M136103

T/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-11858, 2011-00768 Nancy Drasser, et al., appellants, v STP Associates, LLC, respondent. (Index No. 15465/09)

ORDER TO SHOW CAUSE

Motion by William V. Rapp, Esq., purportedly on behalf of all of the appellants, for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered October 26, 2010, and December 14, 2010, respectively, which were determined by decision and order of this Court dated December 13, 2011, and to permit the substitution of William V. Rapp, Esq., as attorney for the appellants in place of Frederick C. Kelly, Esq. Separate motion by Frederick C. Kelly, Esq., purportedly on behalf of all of the appellants, to dismiss the motion by William V. Rapp, Esq., and to direct William V. Rapp, Esq., to file consent to change attorney forms before taking any further actions on behalf on the appellants. Separate motion by Frederick C. Kelly, Esq., purportedly on behalf of all of the appellants, for leave to reargue the appeals which were determined by decision and order of this Court dated December 13, 2011, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

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

ORDERED that on the Court's own motion, the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the motion by William V. Rapp, Esq., purportedly on behalf of all the appellants, on the ground that he has not shown that he has been retained by some or all of the appellants, or (2) dismissing the motions by Frederick C. Kelly, Esq., purportedly on behalf of all the appellants, on the ground that he has been discharged by some or all of the appellants, by each filing an affirmation or affidavit on those issues in the office of the Clerk of this Court and serving one copy of the same on each other on or before June 1, 2012; and it is further,

ORDERED that the motions are held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, and upon William V. Rapp, Esq., and Frederick C. Kelly, Esq., by regular mail.

RIVERA, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court