Appellate Division: Second Judicial Department

M282015

AFA/

VALERIE BRATHWAITE NELSON, J.P.

SHERI S. ROMAN

LINDA J. CHRISTOPHER

WILLIAM G. FORD, JJ.

2018-09792 Bank of America, National Association, appellant, v Sam M. Cohen, et al., respondents, et al., defendants. (Action No. 1) (Index No. 13464/2009)

ORDER TO SHOW CAUSE

2020-07650

Bank of America, National Association,

appellant, v Sam M. Cohen, et al., respondents,

et al., defendants.

(Action No. 2)

(Index No. 13464/2009)

Appeals from two orders of the Supreme Court, Kings County, dated April 4, 2018, and September 3, 2020, respectively. Motion by the respondents, inter alia, in effect, to substitute Susan Cohen Esses, as administrator of the estate of Mollie Cohen, for the deceased respondent Mollie Cohen, to amend the caption accordingly, to lift the stay that arose upon the death of the deceased respondents, Sam M. Cohen and Mollie Cohen, and to enlarge the record to include certain material.

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

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order 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 deceased respondents, Sam M. Cohen and Mollie Cohen, and (2) vacating the orders dated April 4, 2018, and September 3, 2020, as nullities (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by serving and filing a digital copy of an affirmation or affidavit on those issues, via NYSCEF, or, if NYSCEF is not applicable, by uploading a digital copy of an affirmation or affidavit on those issues, with proof of service thereof, through the digital portal on this Court's website on or before April 11, 2022; 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 respondents, via email, at the email address provided to this Court, or, if no email address is available for service, by regular mail.

BRATHWAITE NELSON, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court