Appellate Division: Second Judicial Department

M282340

MB/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-05182 JP Morgan Chase Bank National Association, respondent, v Mary Jones, et al., defendants, Prince Home, LLC, appellant. (Index No. 16853/2009)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated April 27, 2017. Motion by the appellant, inter alia, to vacate three orders of the Supreme Court, Kings County, two dated April 27, 2017, and one dated March 19, 2019, or, in the alternative, to extend the time to perfect the appeal.

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 appellant is directed to show cause before this Court why an order should not be made and entered 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 defendant, Mary Jones, 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 May 9, 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 respondent, 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., MILLER, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court