Appellate Division: Second Judicial Department

M150858

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-04482, 2012-10745 Cecile Campbell, as administrator of the estate of Hyacinth Adams, respondent, v New York Methodist Hospital, defendant, Ditmas Care Center, appellant. (Index No. 3367/09)

ORDER TO SHOW CAUSE

Appeals by Ditmas Care Center from two orders of the Supreme Court, Kings County, dated March 21, 2012, and May 7, 2012, respectively. The notice of appeal from the order dated March 21, 2012, was filed on May 7, 2012, and the notice of appeal from the order dated May 7, 2012, was filed on August 31, 2012. The original plaintiff, Hyacinth Adams, died on April 17, 2012. Cecile Campbell was appointed administrator of the estate of Hyacinth Adams on November 14, 2012, and was substituted as the plaintiff.

On the Court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal from the order dated March 21, 2012, on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings (see CPLR 1015[a]) which arose upon the death of Hyacinth Adams, and (2) vacating the order dated May 7, 2012, as a nullity, and dismissing the appeal from that order (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by filing an affirmation or affidavit on that issue with the Clerk of this Court and serving one copy of the same on each other on or before February 22, 2013; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court