Appellate Division: Second Judicial Department

M283278

MB/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-03446 Wells Fargo Bank, appellant, v Felipe Wasersztrom, respondent, et al., defendants. (Index No. 5112/2011)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Kings County, dated December 24, 2019. Application by Teresa Wasersztrom, as administrator of the estate of Felipe Wasersztrom, to be substituted for the deceased respondent, Felipe Wasersztrom, and to amend the caption accordingly.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation 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 or 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 respondent, Felipe Wasersztrom, 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 July 5, 2022; and it is further,

ORDERED that the application 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 the parties, via email, at the email address provided to this Court, or, if no email address is available for service, by regular mail.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court