Appellate Division: Second Judicial Department

M138688

S/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-05541 Clifford Carter, et al., respondents, v Mary J. Overton, appellant. (Index No. 27854/06)

ORDER TO SHOW CAUSE

Appeal by Mary J. Overton from an order of the Supreme Court, Kings County, dated April 5, 2011. More than four months having elapsed since notice of the death of Mary J. Overton 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, it is,

ORDERED that on the Court's own motion the parties to the appeal 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 not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before June 29, 2012; and it is further,

ORDERED that the Clerk of the Court, or her designee shall serve a copy of this order to show cause upon the attorneys for the respective parties, the attorney who represented the deceased party, as presently set forth in the records of the Court's case management database, and upon Doretha Collins, the daughter of the deceased party, by regular mail, on or before June 5, 2012; and it is further,

ORDERED that the Clerk shall cause this order to be published in the New York Law Journal and on the Court's internet site at www.nycourts.gov/courts/ad2/, on or before June 5, 2012.

RIVERA, J.P., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court