| 1525 E. 26 Realty Co., LLC v Olympia Rodriguez, Tenant, & Jose Diaz |
| Motion No: 2019-00891 KC |
| Slip Opinion No: 2019 NY Slip Op 75076(U) |
| Decided on July 3, 2019 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
ORDER TO SHOW CAUSE
| 1525 E. 26 Realty Co., LLC, Respondent, v Olympia Rodriguez, Tenant, and Jose Diaz, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered May 17, 2019. In support of the motion, appellant asserts that tenant Olympia Rodriguez was deceased at the time the proceeding was commenced.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the parties show cause before this court why the appeal should not be dismissed, the final judgment vacated and the petition dismissed on the ground that the proceeding was a nullity from its inception and this court has no jurisdiction to entertain the appeal (see Gorbaty v Brodsky, 142 AD3d 584 [2016]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before July 30, 2019; and it is further,
ORDERED that appellant's motion and the appeal are held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk