Appellate Division: Second Judicial Department

M256452

E/mm

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, 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. By decision and order on motion of this Court dated September 5, 2018, the motion to dismiss 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 was denied on condition that on or before September 26, 2018, a motion would be made in the Supreme Court, Suffolk County, to substitute a personal representative for the deceased plaintiff-respondent, Valentina Nicoletti, nunc pro tunc, and upon substitution of such personal representative, amendment of the caption nunc pro tunc. The Court has not been advised by the parties that such motion has been made.

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 November 9, 2018; 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.

DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court