Appellate Division: Second Judicial Department

M279720

E/jr

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2015-04232 Maria Philips Bonanno , et al., respondents, v John P. Flanagan, et al., appellants. (Index No. 7489/2005)

ORDER TO SHOW CAUSE

Appeal by John P. Flanagan, Erin Flanagan Lazard, Victoria E. Philips, 395 PL Realty, and James Philips from an interlocutory judgment of the Supreme Court, Suffolk County, dated February 27, 2015. The respondent Christine V. Philips died on February 4, 2020.

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 for failure to substitute a personal representative of the estate of Christine V. Philips, for the deceased respondent, Christine V. Philips (see CPLR 1021), 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 16, 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 Esseks, Hefter, Angel, Di Talia & Pasca, LLP, Kagan & Caspersen, and the appellants, by regular mail.

LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court