Appellate Division: Second Judicial Department

M258808

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-05362, 2018-08331, 2018-08332 HSBC Bank USA, National Association, etc., plaintiff-respondent, v Patti Scivoletti, et al., appellan GE Money Bank, et al., defendants-respondents, et al., defendants. (Index No. 4107/16)

ORDER TO SHOW CAUSE ts,

Appeals from three orders of the Supreme Court, Nassau County, one entered October 28, 2016, and two entered April 18, 2018.

On the Court's own motion, it is

ORDERED that 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 appeals from the orders entered April 18, 2018, insofar as taken on behalf of the deceased appellant, Robert Scivoletti, on the ground that the attorney who filed the notice of appeal for those appeals lacked authority to act on behalf of the deceased appellant 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 this Court and serving one copy of the same on each other on or before January 23, 2019; 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 appeals by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court