Appellate Division: Second Judicial Department

M275373

E/sl

WILLIAM F. MASTRO, A.P.J.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2020-05697 Karen Kornfeld, as administrator of the estate of Leo Kornfeld, respondent, v Selma Kornfeld, appellant. (Index No. 3426/2019)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to appeal to this Court from a purported order of the Supreme Court, Suffolk County, dated May 4, 2020, to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated June 26, 2020, to include the transcript of the proceedings which occurred on May 4, 2020, and the probate petition and/or death certificate concerning the respondent, for a preference in the calendaring of the appeal from the order dated June 26, 2020, or to dismiss the above-entitled action on the ground that the action abated upon the death of the respondent. Application by the appellant to substitute Karen Kornfeld, as administrator of the estate of Leo Kornfeld, for the deceased respondent Leo Kornfeld. The respondent Leo Kornfeld died on April 9, 2020.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, Karen Kornfeld, as administrator of the estate of Leo Kornfeld, is substituted for the deceased respondent, Leo Kornfeld, the caption is amended accordingly, and Karen Kornfeld, if she be so advised, may respond to the appellant's motion on or before March 5, 2021; and it is further,

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 grounds 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 Leo Kornfeld, and (2) vacating the order dated June 26, 2020, as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by uploading an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before March 5, 2021; 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 via email upon Quatela Chimeri PLLC, Lipsky, Bresky & Lowe, LLP, Law Office of Darrin H. Berger, Esq., and Karen Kornfeld, as administrator of the estate of Leo Kornfeld.

MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court