Appellate Division: Second Judicial Department

M266531

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2018-01838, 2018-01839 Onewest Bank NA, respondent, v Donna Schifano, appellant, et al., defendants. (Index No. 57144/15)

ORDER TO SHOW CAUSE

Appeals by Donna Schifano from an order of the Supreme Court, Westchester County, dated January 3, 2018, and an order and judgment (one paper) of the same court also dated January 3, 2018. After the appellant perfected the appeals on May 7, 2018, and the respondent filed a brief on July 6, 2018, the matter was placed on the calendar for November 13, 2019. By letter received on October 7, 2019, the respondent's counsel advised this Court that the appeal was stayed pursuant to 11 USC § 362(a), as the appellant had filed for bankruptcy on October 18, 2018.

Now, on the Court's own motion, it is

ORDERED that the appellant's counsel, Louis M. Spizzirro, and the respondent's counsel, Gross Polowy, LLC, are directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before November 1, 2019; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon counsel for the parties to the appeals, by regular mail.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court