Appellate Division: Second Judicial Department

M254305

E/sl

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-05362 HSBC Bank USA, National Association, etc., plaintiff-respondent, v Patti Scivoletti, appellant, GE Money Bank, et al., defendants-respondents, et al., defendants. (Index No. 4107/16)

ORDER TO SHOW CAUSE

2017-11635

HSBC Bank USA, National Association, etc.,

plaintiff-respondent, v Patti Scivoletti, et al.,

appellants, GE Money Bank, et al., defendants-

respondents, et al., defendants.

(Index No. 4107/16)

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, entered October 28, 2016, and September 5, 2017, respectively, to consolidate the appeals, and for an award of costs and an attorney's fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order entered September 5, 2017, insofar as taken on behalf of the deceased appellant Robert Scivoletti, as the attorney who filed the notice of appeal lacked authority to act on his behalf and the notice of appeal is a nullity as to him (see Lewis v Kessler, 12 AD3d 421, 422), by filing an affirmation or affidavit on that issue in the office of the Clerk of the Court and serving one copy of the same on each other on or before September 12, 2018; and it is further,

ORDERED that the motion 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 to the appeal by regular mail.

CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court