| New York Community Bank v Campbell |
| Motion No: 2024-04706 |
| Slip Opinion No: 2024 NY Slip Op 73252(U) |
| Decided on August 26, 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
M298782
KS/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2024-04706, 2024-04707 New York Community Bank, etc., respondent, v Edward F. Campbell, Jr., et al., appellants, Mary Alice Ruppert, etc., respondent, et al., defendants; James D. Reddy, nonparty-appellant. (Index No. 11291/2007)
| ORDER TO SHOW CAUSE |
2024-04719
New York Community Bank, etc., respondent,
v Edward F. Campbell, Jr., et al., appellants,
Mary Alice Ruppert, etc., respondent, et al.,
defendants; James D. Reddy, nonparty-respondent.
(Index No. 11291/2007)
Appeals from three orders of the Supreme Court, Suffolk County, dated February 15, 2024 (two orders), and February 20, 2024, respectively.
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 appeals on the ground that the notices of appeal were filed in violation of the statutory stay of proceedings (see CPLR 1015[a]; Stolz v New York Central Rail Road Co., 7 NY2d 269; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713) which arose upon the suspension of letters testamentary to Mary Alice Ruppert, Executor of the Estate of Lucy A. Campbell, on December 23, 2021, and (2) vacating the orders dated February 15, 2024, and February 20, 2024, as nullities (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 September 25, 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 upon the parties or their attorneys by uploading a copy of this order to show cause to the NYSCEF system and via email to the email address provided to this Court, or if no email address is available for service, by regular mail.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court