| Baltzer v Woodmere Nursing Rehabilitation |
| Motion No: 2025-00450 |
| Slip Opinion No: 2025 NY Slip Op 66858(U) |
| Decided on April 16, 2025 |
| 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
M304404
AFA/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2025-00450 Jonathan Baltzer, plaintiff, v Woodmere Nursing Rehabilitation, etc., respondent; Monica Schreiner, etc., nonparty-appellant. (Index No. 65456/2019)
| ORDER TO SHOW CAUSE |
Appeal from a judgment of the Supreme Court, Westchester County, dated January 19, 2023.
On the Court's own motion, it is
ORDERED 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 Jonathan Baltzer on November 6, 2022, 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 May 16, 2025; 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 counsel 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