Appellate Division: Second Judicial Department

M258801

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2002-09511 In the Matter of Arthur W. Lee, deceased. Arthur W. Lee III, petitioner-appellant; Virginia Russell, objectant-respondent. (File No. 1512/94)

ORDER TO SHOW CAUSE

Motion to extend the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated September 11, 2002.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that 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 pursuant to CPLR 1021 for failure to substitute a personal representative for Arthur W. Lee III, or, if Arthur W. Lee IV has been substituted as the personal representative for Arthur W. Lee III, on the ground that the appeal has been abandoned, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 23, 2019; 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 is directed to serve a copy of this order to show cause upon the parties to the appeal by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court