Appellate Division: Second Judicial Department

M219521

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2016-04112 Maureen Vicchiarelli, et al., appellants, v Cold Spring Hills Realty, Co., LLC, respondent. (Index No. 4812/14)

ORDER TO SHOW CAUSE

Motion by the appellant Maureen Vicchiarelli on an appeal from an order of the Supreme Court, Suffolk County, dated March 2, 2016, to substitute Maureen Vicchiarelli, as executrix of the estate of Michael Vicchiarelli, for the deceased appellant, Michael Vicchiarelli. Application by Maureen Vicchiarelli, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order dated March 2, 2016, as dismissed the complaint insofar as asserted on behalf of Michael Vicchiarelli on the ground that the appeal taken on his behalf is a nullity (see Hemphill v Rock, 87 AD2d 836), 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 November 3, 2016; and it is further,

ORDERED that the application 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 the parties by regular mail.

BALKIN, J.P., HALL, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court