Appellate Division: Second Judicial Department

M251179

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-03001 Valentina Nicoletti, plaintiff-respondent, v Gena Ancona, et al., defendants-respondents; Progressive Insurance Company, nonparty-appellant. (Index No. 40606/08)

ORDER TO SHOW CAUSE

Appeal by Progressive Insurance Company from an order of the Supreme Court, Suffolk County, dated January 31, 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 on the ground that the order was issued after the death of Valentina Nicoletti and no substitution of a personal representative of her estate has been made (see CPLR 1015[a]), 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 July 3, 2018, or, if so advised, on or before July 3, 2018, to make a motion in Supreme Court, Suffolk County, to substitute a personal representative of the estate of Valentina Nicoletti, for the deceased plaintiff; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court