Appellate Division: Second Judicial Department

M200324

S/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2015-09750 Gary J. Thompson, appellant, v Nizamudeen Ishmael, et al., respondents, et al., defendants. (Index No. 23155/04)

ORDER TO SHOW CAUSE

Appeal by Gary J. Thompson from an order of the Supreme Court, Queens County, entered August 6, 2015.

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 either (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 Gary J. Thompson, and that the attorney who filed the notice of appeal lacked authority to act on behalf of the deceased (see Lewis v Kessler, 12 Ad3d 421, 422), or (2) deeming the notice of appeal to have been filed by Howard Deitsch the aggrieved party (see CPLR 2001; Matter of Tagliaferi v Weiler, 1 NY3d 605), 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 November 12, 2015; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court