Appellate Division: Second Judicial Department

M277926

E/sl

SYLVIA O. HINDS-RADIX, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2021-03004, 2021-03005, 2021-03007 Evelyn Turner, et al., appellants, v Interfaith Medical Center, et al., respondents. (Index No. 11948/2015)

ORDER TO SHOW CAUSE

Appeals from a judgment of the Supreme Court, Kings County, dated March 29, 2021, an order and judgment (one paper) of the same court dated March 26, 2021, and an order of the same court dated February 19, 2021. Motion to amend the caption to substitute Darrien Turner, as personal representative for the deceased appellant, Evelyn Turner, for the deceased appellant.

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 the motion is denied; and it is further,

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 dismissing the appeals by Evelyn Turner on the ground that the attorney who filed the notice of appeal on behalf of Evelyn Turner lacked authority to act on her behalf (see Lewis v Kessler, 12 AD3d 421, 422), by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before July 27, 2021; 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 parties by uploading a copy of this order to show cause to the NYSCEF system.

HINDS-RADIX, J.P., DUFFY, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court