Commissioner of New York State Department of Transportation v Polite
Motion No: 2025-13749
Slip Opinion No: 2026 NY Slip Op 61707(U)
Decided on February 2, 2026
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

M310123

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

JAMES P. MCCORMACK, JJ.

2025-13749, 2025-13757

Commissioner of New York State Department

of Transportation, et al., respondents, v Bryan

A. Polite, et al., defendants, Launcelot A. Gumbs,

et al., defendants-appellants; Lisa Goree, et al.,

nonparty appellants.

(Appeal No. 1)

Commissioner of New York State Department

of Transportation, et al., respondents, v Bryan

A. Polite, et al, defendants, Launcelot A. Gumbs,

et al., defendants-appellants, Lisa Goree, et al.,

nonparty appellants.

(Appeal No. 2)

(Index No. 610010/2019)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Suffolk County, both dated October 14, 2025. Application by Judith A. Shapiro, an attorney in good standing in the District of Columbia to be admitted pro hac vice to represent the appellants Lisa Goree, Launcelot A. Gumbs, Seneca Bowen, Sienna Hunter-Cuyjet, Edgar Franklin III, Daniel Collins, Sr., and Linda Franklin on their appeals.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted; and it is further

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 appeals insofar as taken by Lisa Goree, Sienna Hunter-Cuyjet, and Edgar Franklin III, on the ground that they are not aggrieved by the orders (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on this issue on or before March 4, 2026; and it is further,

ORDERED that the Clerk of this Court, or his 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.

IANNACCI, J.P., WOOTEN, DOWLING and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court