Appellate Division: Second Judicial Department

M276208

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2020-06014 Robert Oates, as administrator of the estate of Irene Hlinka, respondent, v City of New York, defendant, Sean Mohan, appellant. (Index No. 23332/2008)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated June 2, 2020. Application by Robert Oates, as administrator of the estate of Irene Hlinka, to be substituted for the deceased respondent, Irene Hlinka, and to amend the caption accordingly.

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

ORDERED that the application is granted, Robert Oates, as administrator of the estate of Irene Hlinka, is substituted for the deceased respondent, Irene Hlinka, and the caption is amended accordingly; 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 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, Irene Hlinka, and (2) vacating the order dated June 2, 2020, 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 19, 2021; 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 the parties, via email, at the email address provided to this Court, or, if no email address is available for service, by regular mail.

MASTRO, A.P.J., RIVERA, DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court