| Board of Managers of Village Mall At Hillcrest Condominium v Banerjee |
| Motion No: 2017-02364 |
| Slip Opinion No: 2017 NY Slip Op 89933(U) |
| Decided on October 20, 2017 |
| 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
M239515
E/afa
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2017-02364
Board of Managers of Village Mall At Hillcrest Condominium, respondent, v Sunil Banerjee, et al., appellants. (Index No. 14092/14)
| ORDER TO SHOW CAUSE |
Motion by Suvro Banerjee, executor of the estate of the appellant Sabita Banerjee, to be substituted for the deceased appellants, Sunil Banerjee and Sabita Banerjee, on appeals from an order of the Supreme Court, Queens County, dated December 22, 2016. The appellant Sunil Banerjee died on January 3, 2017, and the appellant Sabita Banerjee died on May 17, 2017.
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 branch of the motion which is to substitute Suvro Banerjee, executor of the estate of the appellant Sabita Banerjee, for the deceased appellant Sabita Banerjee, is granted; 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 dismissing the appeal insofar as taken by Sunil Banerjee on the ground that the notice of appeal dated January 23, 2017, 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 his death, on January 3, 2017, 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), 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 10, 2017; and it is further,
ORDERED that the branch of the motion which is to substitute Suvro Banerjee, for the deceased appellant Sunil Banerjee is denied; 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.
RIVERA, J.P., HALL, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court