Appellate Division: Second Judicial Department

M186950

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2013-11271 Abley Properties, Inc., appellant, v Dennis Reid, et al., respondents. (Index No. 12463/02)

ORDER TO SHOW CAUSE

Motion by Denise Gibson, formerly known as Denise Reid, as administrator of the estate of Dennis Reid, to amend the caption on an appeal from an order of the Supreme Court, Kings County, dated October 18, 2013, to add LCD Holding Corp. and/or Vincent Longobardi as appellants, to substitute her for the deceased respondent, Dennis Reid, and to enlarge the time to serve and file a brief, or, in the alternative, to dismiss the appeal on the ground, inter alia, that it has been rendered academic.

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 on the Court's own motion, the parties 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 (1) Abley Properties, Inc., is not aggrieved by the order appealed from (see CPLR 5511), or (2) no appeal lies from an order granting a motion to reinstate a decision (see Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363), by filing an affirmation or affidavit on that issue with the Clerk of this Court and serving one copy of the same on each other on or before February 26, 2015; and it is further,

ORDERED that the motion by Denise Gibson, formerly known as Denise Reid, as administrator of the estate of Dennis Reid, is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties by regular mail.

RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court