Appellate Division: Second Judicial Department

M253220

T/mm

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2015-09679 Public Administrator of Kings County, etc., respondent, v Bedford Realty Group, LLC, appellant. (Index No. 17853/12)

ORDER TO SHOW CAUSE

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered August 25, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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 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 Walker, and (2) vacating the order entered August 25, 2015, as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by filing an affirmation or affidavit on those issues with the Clerk of this Court and serving one copy of the same on each other on or before September 6, 2018; and it is further,

ORDERED that the appellant's motion 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.

CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court