| Gelin-Castor v Burke |
| Motion No: 2022-05857 |
| Slip Opinion No: 2024 NY Slip Op 67721(U) |
| Decided on May 15, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M296432
KS/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
BARRY E. WARHIT
HELEN VOUTSINAS, JJ.
|
2022-05857 Vanessa Gelin-Castor, appellant, v Dawn M. Burke, respondent. (Index No. 704533/2021)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Queens County, dated June 27, 2022.
On the Court's own motion, it is
ORDERED that counsel 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 respondent, Dawn M. Burke, on March 9, 2021, and (2) vacating the order dated June 27, 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 June 17, 2024; and it is further,
ORDERED that the Clerk of this Court, or his 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., MILLER, WARHIT and VOUTSINAS, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court