Appellate Division: Second Judicial Department

M289861

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

LARA J. GENOVESI, JJ.

2022-05693 Midfirst Bank, respondent, v Solomon McKenzie, et al., defendants, Sandra Akesson, etc., et al., appellants (and a third-party action). (Index Nos. 12592/2008, 75206/2010)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated June 1, 2022. Motion by the appellant Sandra Akesson to vacate the stay that arose upon the death of the appellant Sidney McLaney.

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 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 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713) which arose upon the death of the deceased appellant, Sidney McLaney, on May 20, 2022, and (2) vacating the order dated June 1, 2022, as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by each serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before August 4, 2023; 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, is directed to serve a copy of this order to show cause by uploading a copy of this order to show cause to the NYSCEF system.

CONNOLLY, J.P., CHAMBERS, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court