| Kreitman v Moshman |
| Motion No: 2015-02632 |
| Slip Opinion No: 2015 NY Slip Op 90575(U) |
| Decided on November 16, 2015 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M199545
E/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-02632, 2015-03322, 2015-04504
Sarah Kreitman, etc., et al., appellants, v Robert L. Moshman, et al., respondents, et al., defendants (and a third-party action). (Index No. 54514/11)
| ORDER TO SHOW CAUSE |
Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Westchester County, dated March 4, 2015, March 30, 2015, and May 6, 2015, respectively. Richard Kreitman died on March 15, 2015.
Upon the papers filed in support of the application 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 appeals insofar as taken on behalf of Richard Kreitman 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 Richard Kreitman, and that the attorney who filed the notices of appeal lacked authority to act on behalf of Richard Kreitman (see Lewis v Kessler, 12 AD3d 421, 422) and (2) vacating the orders dated March 30, 2015, and May 6, 2015, insofar as they affect the rights of Richard Kreitman 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 December 8, 2015; and it is further,
ORDERED that the application is otherwise 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 to the appeal by regular mail.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court