Appellate Division: Second Judicial Department

M180313

S/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2013-06094, 2014-07857 Lucy Giarrantana, plaintiff-respondent, v An Armful Corp., appellant, Ye Ji Gift & Stationary, defendant-respondent. (Appeal No. 1) Lucy Giarrantana, plaintiff-respondent, v An Armful Corp., appellant, Ye Ji Gift & Stationary, et al., defendants-respondents. (Appeal No. 2) (Index No. 28341/09)

ORDER TO SHOW CAUSE

Appeals by An Armful Corp. from two orders of the Supreme Court, Queens County, entered April 8, 2013, and June 24, 2013, respectively. The notice of appeal from the order entered April 8, 2013, was filed on May 6, 2013, and the notice of appeal from the order entered June 24, 2013, was filed on July 9, 2013. The plaintiff, Lucy Giarrantana, died on January 29, 2013. By order of the Supreme Court, Queens County, dated May 21, 2014, Joyce Bocchino was appointed administrator of the estate of Lucy Giarrantana, 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 appeals on the ground that the notices of appeal were filed in violation of the statutory stay of proceedings (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713) which arose upon the death of Lucy Giarrantana, and (2) vacating the orders entered April 8, 2013, and June 24, 2013, as nullities (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 October 17, 2014; 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, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court