| Constable v Staten Island University Hospital |
| Motion No: 2021-03615 |
| Slip Opinion No: 2021 NY Slip Op 76015(U) |
| Decided on December 15, 2021 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M280566
MB/
HECTOR D. LASALLE, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
CHERYL E. CHAMBERS, JJ.
|
2021-03615 Titus Constable, appellant, v Staten Island University Hospital, respondent. (Index No. 151365/2016)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Richmond County, dated May 20, 2021.
On the Court's own motion, it is
ORDERED that the parties are directed to show cause why the appeal should or should not be dismissed on the ground that the attorney who filed the notice of appeal for the deceased appellant, Titus Constable, lacked authority to act on his behalf (see Lewis v Kessler, 12 AD3d 421, 422), by serving and filing an affidavit or affirmation on that issue via NYSCEF on or before January 18, 2022; 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 on the parties, by uploading a copy of this order to show cause to the NYSCEF system.
LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court