| Widewaters Properties, Inc. v Scheinberg |
| Motion No: 2021-04087 |
| Slip Opinion No: 2021 NY Slip Op 71180(U) |
| Decided on September 3, 2021 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M278022
E/sl
SYLVIA O. HINDS-RADIX, J.P.
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON
WILLIAM G. FORD, JJ.
|
2021-04087
Widewaters Properties, Inc., plaintiff-respondent, v Stanley Scheinberg, defendant, Merwin Smith, et al., defendants-respondents, Melvin Atlas, also known as Melvin Bogursky, et al., defendants-appellants; Howard Michael Scheinberg and Caryn Rae Andrews, co-personal representatives of the Estate of Stanley Scheinberg, nonparty- appellants. (Index No. 50390/2017)
| ORDER TO SHOW CAUSE |
Appeals from an order of the Supreme Court, Dutchess County, dated May 27, 2021. Motion by the defendant-appellant Melvin Atlas, also known as Melvin Bogursky, inter alia, to stay enforcement of stated portions of the order, pending hearing and determination of his appeal. Motion by the nonparty-appellants Howard Michael Scheinberg and Caryn Rae Andrews, co-personal representatives of the Estate of Stanley Scheinberg, and the defendant-appellant Stan Scheinberg LLC, inter alia, to stay enforcement of stated portions of the order, pending hearing and determination of their appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, 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 appeals on the ground that the notices of appeal were 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 defendant Stanley Scheinberg, on October 7, 2020, and (2) vacating the order as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by filing a digital affirmation or affidavit on those issues, via NYSCEF, on or before October 4, 2021; and it is further,
ORDERED that the motions for a stay are 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 upon the parties by uploading a copy of this order to show cause via NYSCEF.
HINDS-RADIX, J.P., CONNOLLY, BRATHWAITE NELSON and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court