Appellate Division: Second Judicial Department

M280490

MB/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

JOSEPH A. ZAYAS

PAUL WOOTEN, JJ.

2019-07065 Michael Santiago, et al., appellants, v Aaron Jacob Transit, Inc., et al., respondents. (Index No. 702125/2013)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated November 17, 2021, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal from an order of the Supreme Court, Queens County, dated April 1, 2019. Motion by the respondents Kenny Gonzalez and Hassanul Mushed to dismiss the appeal for failure to substitute an estate representative for the deceased appellant, Michael Santiago, and on the ground that counsel lacked authority to file a notice of appeal on behalf of the deceased appellant, Michael Santiago.

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 branch of the motion which is to dismiss the appeal insofar as taken by the appellant Michael Santiago is granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant Steven Paredes is directed to show cause before this Court why an order should not be made and entered dismissing the appeal insofar as taken by him on the ground that the appellant Steven Paredes is not aggrieved by the order dated April 1, 2019 (see CPLR 5511), by serving and filing an affirmation or an affidavit on that issue via NYSECF, on or before December 17, 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.

DILLON, J.P., BARROS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court