Llivicura v 101 West 78th, LLC
Motion No: 2020-01010
Slip Opinion No: 2020 NY Slip Op 62295(U)
Decided on February 7, 2020
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

M269432

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2020-01010

Otis Llivicura, appellant, v 101 West 78th, LLC,

etc., et al., defendants; Shimko Law, PC,

nonparty-respondent.

(Index No. 714513/17)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated September 6, 2019.

On the Court's own motion, it is

ORDERED that Otis Llivicura, Shimko Law, PC, and Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., 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 Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., did not have authority to file a notice of appeal on behalf of Otis Llivicura (see CPLR 321), and on the ground that Otis Llivicura is not aggrieved by the order dated September 6, 2019 (see CPLR 5511), 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 February 28, 2020, or, if Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., be so advised, by making a motion for appropriate relief on or before February 28, 2020; 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 Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., and Shimko Law, PC, by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court