Appellate Division: Second Judicial Department

M192616

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-11415 Ulster Savings Bank, respondent, v Nicholas B. Fiore, et al., appellants, et al., defendants. (Index No. 13789/11)

ORDER TO SHOW CAUSE

Appeal by Nicholas B. Fiore and Linda Fiore from an order of the Supreme Court, Westchester County, entered September 27, 2012. Linda Fiore died on January 18, 2013.

Now, 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 dismissing the appeal by Linda R. Fiore in the above-entitled action (1) for failure to substitute a personal representative for the deceased appellant, Linda Fiore (see CPLR 1021), or (2) on the ground that the appeal has been rendered academic as to Linda Fiore as Linda Fiore's in interest in the subject premises as tenant by the entirety divested upon her death, and the respondent has waived a deficiency judgment against her estate (see Bank of New York Mellon Trust Co. v Ungar Family Realty Corp., 111 AD3d 673; Bova v Vinciguerra, 139 AD2d 797), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before July 1, 2015; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court