| Chiamulera v New Windsor Mall |
| Motion No: 2019-10511 |
| Slip Opinion No: 2020 NY Slip Op 63626(U) |
| Decided on February 27, 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. |
Appellate Division: Second Judicial Department
M270046
E/mb
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
MARK C. DILLON
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2019-10511
Dennis Chiamulera, respondent, v New Windsor Mall, et al., appellants, et al., defendants. (Index No. 9297/14)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Orange County, dated June 17, 2019.
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 insofar as taken by the deceased appellant, Frederick Kass, on the ground that the attorney who filed the notice of appeal for the deceased appellant, Frederick Kass, lacked authority to act on his behalf (see Lewis v Kessler, 12 AD3d 421, 422), by filing an affirmation or affidavit on that issue with the Clerk of this Court and serving one copy of the same on each other on or before March 19, 2020; 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 Patrick S. Owen, PLLC, counsel for the respondent, and Burke, Scolamiero & Hurd, LLP, counsel for the appellant New Windsor Mall and counsel for the estate of the deceased appellant, Frederick Kass, by regular mail.
SCHEINKMAN, P.J., MASTRO, DILLON, BALKIN and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court