Appellate Division: Second Judicial Department

M273615

E/sl

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-07992 Sheri Hornbuckle, as administrator of the estate of Robert Hornbuckle, et al., plaintiffs-respondents, v Tyler E. Hannibal, et al., defendants-respondents, et al., defendants; Plainedge Union Free School Distr nonparty-appellant. (Index No. 28279/2011)

ORDER TO SHOW CAUSE ict,

Appeal from an order of the Supreme Court, Suffolk County, dated April 23, 2019. Motion by the defendant Town of East Hampton to substitute Sheri Hornbuckle, as administrator of the estate of Robert Hornbuckle, for the deceased plaintiff-respondent, Robert Hornbuckle, to amend the caption accordingly, and to extend the time to perfect the appeal.

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 on the Court's own motion, Sheri Hornbuckle, as administrator of the estate of Robert Hornbuckle, is substituted for the deceased plaintiff-respondent, Robert Hornbuckle, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, 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 on the ground that Plainedge Union Free School District is not aggrieved by the order dated April 23, 2019 (see CPLR 5511), by uploading a digital copy of an affirmation or an affidavit, with proof of service thereof, through the digital portal on this Court's website, on or before November 19, 2020; if Town of East Hampton be so advised, Town of East Hampton may make a motion, by uploading a digital copy of the motion, with proof of service thereof through the digital portal on this Court's website, on or before November 19, 2020, for any relief deemed appropriate with respect to the notice of appeal; and it is further,

ORDERED that the motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties to the appeal via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

CHAMBERS, J.P., MALTESE, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court