Appellate Division: Second Judicial Department

M241286

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-11310 Karen Flynn, as administratrix of the estate of Robert Hugh Flynn, etc., appellant, v Hometown Taxi, Inc., defendant, Public Administrator of the County of Suffolk, as fiduciary for the estate of Jacob John Smith, Jr., also known as Jacob Smith, Jr., deceased, respondent. (Index No. 27161/06)

ORDER TO SHOW CAUSE

Appeal by Karen Flynn, as administratrix of the estate of Robert Hugh Flynn, deceased, Robert Hugh Flynn, individually, and Karen Flynn, individually, from an order of the Supreme Court, Suffolk County, dated July 27, 2017.

On the Court's own motion, it is

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 in the above-entitled action on the ground that the parties identified as the appellants in the notice of appeal are not aggrieved by the order dated July 27, 2017 (see CPLR 5511), and/or Rizzuto Law Firm did not have authority to file a notice of appeal on their behalf (see CPLR 321), 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 December 8, 2017, or, if the Public Administrator of the County of Suffolk, as fiduciary for the estate of Jacob John Smith, Jr., also known as Jacob Smith, Jr., deceased, be so advised, to make a motion to correct the notice of appeal to reflect that it is the proper appellant (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001), on or before December 8, 2017; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court