Appellate Division: Second Judicial Department

M260198

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-11781 Dorothy Lyons, appellant, v SS. Cosmas and Damian Human Services Center, Inc., et al., respondents. (Index No. 101285/13)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Richmond County, dated July 12, 2018.

On the Court's own motion, it is

ORDERED that 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 attorney who filed the notice of appeal for the deceased plaintiff, Dorothy Lyons, lacked authority to act on her behalf (see Lewis v Kessler, 12 AD3d 421, 422), (2) 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 the deceased defendant, Kristaq Petro, and (2) vacating the order dated July 12, 2018, 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 March 7, 2019; 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 (1) Nicholas Martino, Jr., former counsel for the deceased plaintiff, Dorothy Lyons, (2) Furman Kornfeld & Brennan, LLP, appellate counsel for the deceased plaintiff, Dorothy Lyons, and her estate representative, and (3) Fumuso, Kelly, Swart, Farrell, Polin & Christesen, LLP, counsel for the defendant SS. Cosmas and Damian Human Services Center, Inc., and former counsel for the deceased defendant, Kristaq Petro, by regular mail.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court