Matter of Hill v City of New York
Motion No: 2020-08892
Slip Opinion No: 2022 NY Slip Op 65048(U)
Decided on April 27, 2022
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M282707

MB/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2020-08892

In the Matter of Mark Hill, etc., petitioner-appellant,

v City of New York, Department of

Transportation, respondent-respondent.

(Index No. 702926/2020)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated April 22, 2022, 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, entered October 30, 2020. The appellant perfected the appeal on June 23, 2021, the respondent filed a brief on October 21, 2021, and the appellant filed a reply brief on November 12, 2021. In response to a status inquiry from this Court on February 18, 2022, counsel for the respondent indicated that there was no impediment to the calendaring of the appeal. Counsel for the appellant did not respond. The matter was placed on the calendar for April 19, 2022. On April 18, 2022, counsel for the appellant advised this Court that the appellant had died, no representative of the estate had been appointed, and appellant's counsel would not be appearing for oral argument. Counsel for the appellant provided an obituary to this Court indicating that the appellant died on May 30, 2021.

Now, on the Court's own motion, it is

ORDERED that Silberstein, Awad & Milkos, P.C., the appellant's counsel, and Corporation Counsel City of New York, the respondent's counsel, are directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by uploading an affirmation or affidavit on that issue, with proof of service thereof, via NYSCEF, on or before May 23, 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 upon counsel by uploading a copy of this order to show cause to the NYSCEF system.

DILLON, J.P., DUFFY, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court