Appellate Division: Second Judicial Department

M174233

S/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2013-09744, 2014-01847 NYCTL 1997-1 Trust, et al., plaintiffs-res v Eddie Davis, et al., defendants, G. E. Eq Corp., et al., appellants, Delores Davis, etc defendant-respondent. (Index No. 43893/98)

ORDER TO SHOW CAUSE pondents, uities .,

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated June 3, 2013, and August 6, 2013, respectively. The attorney for the appellants has advised the Court that the defendant Eddie Davis died on June 17, 2006, and no representative for his estate has been appointed.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered vacating the orders dated June 3, 2013, and August 6, 2013, as nullities, and dismissing the appeals (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 June 6, 2014; and it is further,

ORDERED that the application to enlarge time 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 or their attorneys by regular mail.

DILLON, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court