Appellate Division: Second Judicial Department

M284209

MB/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2020-05251 Roseanne Monaco, as executor of the estate of Dominick Monaco, et al., respondents, v Nassau Health Care Corporation, appellant, et al., defendant. (Index No. 608250/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, dated March 16, 2020. Motion by the appellant to substitute Roseanne Monaco, as executor of the estate of Dominick Monaco, for the deceased respondent Dominick Monaco, to amend the caption accordingly, and to lift the stay that arose upon the death of the deceased respondent Dominick Monaco.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 respondent Dominick Monaco, 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 August 31, 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 parties and counsel for Roseanne Monaco, as executor of the estate of Dominick Monaco, via email, at the email address provided to this Court, or, if no email address is available for service, by regular mail.

DUFFY, J.P., MALTESE, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court