Appellate Division: Second Judicial Department

M173498

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2011-08084 In the Matter of Auto One Insurance Comp respondent, v Sabrieh Hamdam, et al., app (Index No. 25639/10)

ORDER TO SHOW CAUSE any, ellants.

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 28, 2011, in effect, for failure to substitute a personal representative for the deceased appellant, Sabrieh Hamdam.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, 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 grounds that the appellant failed to provide documentation requested by this Court, that the appellant failed to respond to correspondence from this Court, and that a personal representative of the estate of the deceased appellant, Sabrieh Hamdam, has not sought leave to be substituted as personal representative for the deceased appellant, Sabrieh Hamdam, on the appeal (see CPLR 1021), 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 June 9, 2014; and it is further,

ORDERED that the respondent's motion is 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 Picciano & Scahill, P.C., and John J. Ciafone, by regular mail.

BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court