Appellate Division: Second Judicial Department

M275037

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2018-06818 Deutsche Bank National Trust Company, appellant, v Trevor Williams, respondent, et al., defendants. (Index No. 6326/2008)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated April 17, 2015. Motion by the appellant to substitute Akie Glover, as administrator of the estate of Trevor Williams, for the deceased respondent, Trevor Williams, to amend the caption accordingly, and to lift the stay that arose upon the death of the deceased respondent, Trevor Williams.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order 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) which arose upon the death of the deceased respondent, Trevor Williams, and (2) vacating the order dated April 17, 2015, as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by uploading a digital copy of an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before April 21, 2021; and it is further,

ORDERED that the 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 on counsel for the appellant and counsel for Akie Glover, as administrator of the estate of Trevor Williams, via email, at the email address provided to this Court, or, if no email address is available for service, by regular mail.

DILLON, J.P., LASALLE, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court