Appellate Division: Second Judicial Department

M295267

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-02841 Jonathan Baltzer, appellant, v Westchester Medical Center, et al., respondents. (Index No. 65456/2019)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated November 30, 2021. Motion by Monika Schreiner, as executor of the estate of Jonathan Baltzer, to be substituted for the deceased appellant Jonathan Baltzer, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased appellant Jonathan Baltzer.

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 appellant Jonathan Baltzer, by filing an affirmation or an affidavit on that issue, via NYSCEF, on or before April 26, 2024; and it is further,

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

ORDERED that the Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system.

CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court