Muhammad v Siony
Motion No: 2010-04886
Slip Opinion No: 2019 NY Slip Op 63038(U)
Decided on February 11, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M260061

E/afa

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2010-04886

Saliym Muhammad, respondent,

v Danny Siony, et al., defendants,

Saxon Mortgage Services, Inc., appellant.

(Index No. 27125/08)

ORDER TO SHOW CAUSE

Appeal by Saxon Mortgage Services, Inc., from an order of the Supreme Court, Kings County, April 7, 2010.

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 in the above-entitled proceeding pursuant to CPLR 1021 for failure to substitute a personal representative for the deceased respondent, Saliym Muhammad, and/or on the ground that the appellant has abandoned the appeal, 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 March 4, 2019; 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 attorney for the appellant and the former attorney for the deceased respondent, Saliym Muhammad, by regular mail.

DILLON, J.P., BALKIN, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court