Appellate Division: Second Judicial Department

M257522

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2018-12512 Town of Putnam Valley, plaintiff-respondent, et al., plaintiffs, v Thomas Cabot, et al., defendants, Alexander Kaspar, defendant-appellant; Grace De Libero, nonparty-appellant; Bruce Donohue, etc., et al., nonparty-respondents. (Index No. 627/06)

ORDER TO SHOW CAUSE

Motion by the defendant-appellant, Alexander Kaspar, inter alia, to stay the sale of the subject premises, including a certain right of way, and to stay nonparty-respondent Bruce Donohue from performing as receiver with respect to the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Putnam County, dated September 27, 2018.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the parties to the appeal are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as purportedly taken on behalf of Grace De Libero, on the ground that Alexander Kaspar, who is not an attorney licensed to practice law in New York, was without authority to take an appeal on her behalf (see CPLR 321; Vitiello v Merwin, 130 AD3d 609), 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 7, 2018; 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 to the appeal, by regular mail.

AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court