Appellate Division: Second Judicial Department

M295266

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2017-04843, 2017-10723 Apex Rehabilitation and Care Center, respondent, v Lorraine E. Butler, appellant. (Index No. 61379/2014)

ORDER TO SHOW CAUSE

Appeals by Lorraine E. Butler from two orders of the Supreme Court, Suffolk County, dated March 29, 2017, and August 9, 2017, respectively. Motion by former counsel for the appellant to withdraw the appeals upon the death of the appellant Lorraine E. Butler on October 18, 2022.

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 (see CPLR 1015); 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 for failure to substitute a personal representative of the estate of Lorraine E. Butler, for the deceased appellant, Lorraine E. Butler (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 April 26, 2024; and it is further,

ORDERED that the Clerk of this Court, or his designee, shall serve a copy of this order to show cause upon the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court