Appellate Division: Second Judicial Department

M288862

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2020-04163 Kyungmee Min, plaintiff-respondent, v Joseph Sciabarra, et al., defendants-respondents, Yue Sun, et al., appellants. (Index No. 719659/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated May 12, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.

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 parties to the appeal are directed to show cause before this Court why an order should or 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 defendant-respondent Joseph Sciabarra, on March 24, 2020 (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 7, 2023; and it is further,

ORDERED that the appellants' motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her 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.

CONNOLLY, J.P., BRATHWAITE NELSON, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court