Appellate Division: Second Judicial Department

M196190

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2015-00866 In the Matter of Zurich American Insurance Company, petitioner-respondent, v Eric Pineiro, appellant; Ryder Truck Rental, Inc., et al, nonparty-respondents. (Index No. 30454/11)

ORDER TO SHOW CAUSE

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated December 12, 2014. By letter dated July 23, 2015, petitioner-respondent's counsel advised the Court that Eric Pineiro died on August 1, 2014.

Upon the papers filed in support of the application 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 (1) dismissing the appeal and the application on the ground that the notice of appeal and application 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 Eric Pineiro, and that the attorney who filed the notice of appeal and the application lacked authority to act on behalf of the deceased (see Lewis v Kessler, 12 AD3d 421, 422), and (2) vacating the order and judgment (one paper) dated December 12, 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 October 22, 2015; and it is further,

ORDERED that the application 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.

RIVERA, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court