Appellate Division: Second Judicial Department

M225823

S/htr

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

SHERI S. ROMAN

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-05808 Evelyn Wasserman, doing business as Wasserman Realty Services, et al., respondents, v Lilo Brothers, LLC, et al., appellants. (Index No. 30454/11)

ORDER TO SHOW CAUSE

Appeal by the defendants from a judgment of the Supreme Court, Kings County, dated April 21, 2016. By letter dated January 3, 2017, the respondents' counsel advised the Court that Evelyn Wasserman died on February 4, 2016.

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 (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 Evelyn Wasserman, 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), and (2) vacating the judgment dated April 21, 2016, 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 February 28, 2017; 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.

ENG, P.J., MASTRO, ROMAN, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court