Appellate Division: Second Judicial Department

M227768

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-01709 Silver Towers Owners Corp., plaintiff-respondent- appellant, v Cromwell Silver Towers Group Limited Partnership, et al., appellants-respondents, et al., defendant; Edward Rosenthal, et al., nonparty-respondents-appellants. (Index No. 711977/15)

ORDER TO SHOW CAUSE

Appeal and cross appeals from an order of the Supreme Court, Queens County, dated December 20, 2016.

On the Court's own motion, it is

ORDERED that the parties to the appeals and cross appeals are directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the cross appeal insofar as taken on behalf of the nonparty Edward Rosenthal, 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 Edward Rosenthal, and 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 vacating the order dated December 20, 2016, insofar as it pertains to Edward Rosenthal as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), and (2) dismissing the cross appeal by the nonparties Lawrence Weinstein, David Stern, Harry Otterman and Walter Suarez on the ground that they are not aggrieved by the order dated December 20, 2016 (see CPLR 5511), 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 April 11, 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, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court