Appellate Division: Second Judicial Department

M231633

E/sl/ct

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2016-03507, 2016-03508 Chase Home Finance, LLC, appellant, v John Albero and Anthony Albero, as administrators of the estate of Francesco Albero, et al., respondents, et al., defendants. (Index No. 11518/09)

ORDER TO SHOW CAUSE

Motion by the appellant to substitute John Albero and Anthony Albero, as administrators of the estate of Francesco Albero, for the deceased respondent, Francesco Albero, on appeals from two orders of the Supreme Court, Queens County, entered September 27, 2010, and February 10, 2015, respectively, to amend the caption accordingly, and to enlarge the time to perfect the appeals. The respondent Francesco Albero died on October 29, 2009,

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to substitute John Albero and Anthony Albero, as administrators of the estate of Francesco Albero, for the deceased respondent, Francesco Albero, and to amend the caption accordingly, are granted, John Albero and Anthony Albero, as administrators of the estate of Francesco Albero, are substituted for the deceased respondent, Francesco Albero, and the caption is amended accordingly; and it is further,

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 on the grounds that the notices of appeals 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 Francesco Albero, and (2) vacating the orders entered September 27, 2010, and February 10, 2015, 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 November 14, 2017; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals 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.

BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court