Appellate Division: Second Judicial Department

M155340

E/ct

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-01753 In the Matter of Yakeisha Reese, respondent, v Uthman Rivers, appellant. (Docket No. F-21148-05/12B)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated March 8, 2013, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

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, who filed the notice of appeal on behalf of Uthman Rivers, 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 May 28, 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.

DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court