Appellate Division: Second Judicial Department

M225546

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-10541 HSBC Bank USA, N.A., etc., respondent, v Francis M. Caesar, et al., appellants, et al., defendants. (Index No. 70104/15)

ORDER TO SHOW CAUSE

Application by Francis M. Caesar to withdraw his appeal from an order of the Supreme Court, Westchester County, dated August 16, 2016, and to withdraw an appeal purportedly taken on behalf of Lisa Caesar from the same order.

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

ORDERED that the application is granted to the extent that the appeal by Francis Caesar from the order dated August 16, 2016, is deemed withdrawn, without costs or disbursements, and the application is otherwise denied; and it is further,

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 purportedly taken on behalf of Lisa Caesar from the order dated August 16, 2016, on the ground that Francis Caesar was not authorized to file a notice of appeal on her behalf (see Whitehead v Town House Equities, 8 AD3d 369), by filing an affidavit or affirmation on that issue with the Clerk of this Court and serving one copy of the same on each other on or before February 23, 2017; 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.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court