Appellate Division: Second Judicial Department

M300271

KS/

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2023-08537 Project Guardianship, etc., appellant, v Robert T. Anker, etc., respondent. (Index No. 516859/2022)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated July 14, 2023. Motion by the appellant to vacate the automatic stay that arose upon the death of the deceased respondent Robert T. Anker, to substitute Jennifer Marshall, as executor of the estate of Robert T. Anker, for the deceased respondent Robert T. Anker, 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 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 which arose upon the death of the respondent Robert T. Anker, on August 2, 2023 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713)), by filing an affirmation or an affidavit on that issue, via NYSCEF, on or before November 25, 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.

CHAMBERS, J.P., MALTESE, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court