Kwiecinski v Wasserman
2026 NY Slip Op 67506(U)
May 1, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Joyce Kwiecinski, appellant,
v
Michael Wasserman, et al., respondents.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 1, 2026
2021-04402, 1830/2017
Hector D. Lasalle, P.J.
Mark C. Dillon
Colleen D. Duffy
Betsy Barros
Francesca E. Connolly, JJ.
[*1]ORDER TO SHOW CAUSE
Appeal from an order of the Supreme Court, Nassau County, dated May 14, 2021.
On the Court's own motion, it is
ORDERED that the parties are 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 which arose upon the death of the respondent John Gravagna on August 3, 2017 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); and (2) vacating the order as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before June 1, 2026; and it is further,
ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel 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:
Darrell M. Joseph
Clerk of the Court