| Paljr, LLC, Doing Bus. As E. Nursing & Habilitation Ctr. v Florence Boyan |
| Motion No: 2020-00344 SC |
| Slip Opinion No: 2020 NY Slip Op 64341(U) |
| Decided on February 25, 2020 |
| 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 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
| Paljr, LLC, Doing Business as East Nursing and Habilitation Center, Appellant, v Florence Boyan, Defendant, and Elizabeth Kelly, Respondent. |
Appeal from an order of the County Court of Suffolk County, entered October 11, 2019. Defendant Florence Boyan died before the issuance of the County Court's order.
Now, 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 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 [2011]; Golden v City of New York, 2019 NY Slip Op 64490[U] [2019]) which arose upon the death of Florence Boyan, and (2) vacating the order as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181 [1970]), 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 25, 2020; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the attorneys for appellant and respondent by regular mail.
ENTER:
Paul Kenny
Chief Clerk