Appellate Division: Second Judicial Department

M239724

J/afa

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-02434 Catherine Marchello, as administrator of the estate of Anthony "Peppi" Marchello, respondent, v Perfect Little Productions, Inc., et al., appellants. (Index No. 5057/06)

ORDER TO SHOW CAUSE

Application by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered February 4, 2016, in effect, to substitute Stephen Craig Young, as personal representative of the estate of Valeria Valente Young, for the deceased appellant Valeria Valente Young, sued herein as Mrs. Steve Young (a.k.a. Valerie Valente), to amend the caption accordingly, and to enlarge the time to perfect the appeal. The appellant Valeria Valente Young, sued herein as Mrs. Steve Young (a.k.a. Valerie Valente), died on August 17, 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 the branches of the application which are for substitution and to amend the caption are granted, Stephen Craig Young, as personal representative of the estate of Valeria Valente Young, is substituted for the deceased appellant Valeria Valente Young, sued herein as Mrs. Steve Young (a.k.a. Valerie Valente), 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 appeal on the grounds 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 Valeria Valente Young, sued herein as Mrs. Steve Young (a.k.a. Valerie Valente), and (2) vacating the order entered February 4, 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 November 20, 2017; and it is further,

ORDERED that the branch of the application which is to enlarge the appellants' time to perfect the appeal 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.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court