Appellate Division: Second Judicial Department

M297236

AFA/BETSY BARROS, J.P.

WILLIAM G. FORD

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-10515 Craig Boyce, plaintiff-respondent, v Consolidated Edison Company of New York, Inc., defendant-respondent, JPMorgan Chase Bank, N.A., et al., appellants. (Index No. 704960/2019)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated August 3, 2023. Motion by the appellants to vacate the automatic stay that arose upon the death of the deceased respondent Craig Boyce, to substitute Jason Boyce, as administrator of the estate of Craig Boyce, for the deceased respondent Craig Boyce, and to amend the caption accordingly.

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 appellants are directed to show cause before this Court why an order 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 respondent Craig Boyce, on December 27, 2022 (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 filing an affirmation or an affidavit on that issue, via NYSCEF, on or before July 22, 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.

BARROS, J.P., FORD, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court