Appellate Division: Second Judicial Department

M184100

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2014-08528 US Bank National Association, etc. appellant, v Therese Zajkowski, respondent, et al., defendants. (Index No. 1516/10)

ORDER TO SHOW CAUSE

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated May 30, 2014, pursuant to CPLR 1015 and 1021 to appoint a temporary administrator for the deceased respondent, Therese Zajkowski, who died on April 1, 2014, to substitute the temporary administrator for the deceased respondent, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 (1) dismissing the appeal on the ground that the notice of appeal was 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 Therese Zajkowski, and (2) vacating the order dated May 30, 2014, as a nullity (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 January 5, 2015; and it is further,

ORDERED that the appellant's 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 by regular mail.

DILLON, J.P., BALKIN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court