Appellate Division: Second Judicial Department

M173255

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2011-11101 Burim Qela, respondent-appellant, v James Molinaro, et al., respondents, Lonnie Hoffman, et al., appellants-respond (Index No. 7588/09)

ORDER TO SHOW CAUSE ents.

Motion by the appellant-respondent Luis Lizarazo to stay the trial in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 25, 2011. The appellant Lonnie Hoffman died on July 11, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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 appeal and cross appeal for failure to substitute a personal representative of the estate of Lonnie Hoffman for the deceased appellant, Lonnie Hoffman (see CPLR 1021), 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 May 21, 2014; and it is further,

ORDERED that the motion is held in abeyance in the interim; 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, and upon the former attorney for the deceased appellant, Lonnie Hoffman, by regular mail.

MASTRO, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court