| Matter of Reese v Rivers |
| Motion No: 2013-01753 |
| Slip Opinion No: 2013 NY Slip Op 66906(U) |
| Decided on March 8, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M152436
T/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2013-01753
In the Matter of Yakeisha Reese, petitioner, v Uthman Rivers, respondent; Dimitrius Simmons, etc., nonparty-appellant. (Docket No. F-21148-05/12B)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Family Court, Kings County, dated January 7, 2013.
On the Court's own motion, it is
ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that Dimitrius Simmons is not authorized to file a notice of appeal on behalf of Uthman Rivers (see Whitehead v Town House Equities, 8 AD3d 369), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 8, 2013; 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, by regular mail.
ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court