Appellate Division: Second Judicial Department

M297434

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-05138 Jonathan Mawere, etc., appellant, v Joel Landau, et al., respondents. (Index No. 501184/2012)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Kings County, dated April 16, 2024. Application by Dorothy Rubin, as executor of the estate of Liebel Rubin, to be substituted for the deceased respondent Leibel Rubin, and to amend the caption accordingly.

On the Court's own motion, it is

ORDERED that 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 respondent Leibel Rubin on December 22, 2023, and (2) vacating the judgment 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 July 29, 2024; and it is further,

ORDERED that the application is held in abeyance in the interim; 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.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court