Appellate Division: Second Judicial Department

M277055

E/sl

CHERYL E. CHAMBERS, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2021-00111 Carol Slewett, et al., appellants, v John J. Decicco, etc., respondent. (Index No. 1496/2012)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, entered July 31, 2015. Motion by Debra Dalessio, as administrator of the estate of Carol Slewett, to be substituted for the deceased appellant Carol Slewett, as administrator of the estate of Franklyn Slewett, to be substituted for the deceased appellant Franklyn Slewett, and to vacate the order entered July 31, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal on the ground that the attorney who filed the notice of appeal for the deceased appellants lacked authority to act on their behalf (see Lewis v Kessler, 12 AD3d 421, 422), and (2) dismissing the appeal on the ground that no appeal lies from an order made on default (see CPLR 5511), by efiling an affirmation or affidavit on that issue via NYSCEF on or before June 14, 2021; 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, shall serve a copy of this order to show cause, by uploading a copy of this order to show cause to the NYSCEF system.

CHAMBERS, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court