| Wicks v Visiting Nurse Service of New York |
| Motion No: 2020-04496 |
| Slip Opinion No: 2022 NY Slip Op 60753(U) |
| Decided on January 21, 2022 |
| 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
M279430
E/sl
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2020-04496 Jeffrey Wicks, etc., et al., respondents, v Visiting Nurse Service of New York, et al., appellants. (Index No. 608803/2016)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Nassau County, dated May 5, 2020.
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 appeals on the ground that the notices of appeals 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 James Wicks, on April 12, 2020, and (2) vacating the order as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by efiling, via NYSCEF, a digital affirmation or affidavit on those issues, with proof of service thereof, on or before February 22, 2022; 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, and former counsel for James Wicks, by uploading a copy of this order to show cause to the NYSCEF system.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court