| Estavillo v Wells Fargo Bank, N.A. |
| Motion No: 2020-05912 |
| Slip Opinion No: 2025 NY Slip Op 66996(U) |
| Decided on April 18, 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
M304457
KS/
MARK C. DILLON, J.P.
BETSY BARROS
LARA J. GENOVESI
JANICE A. TAYLOR, JJ.
|
2020-05912 Shannon Estavillo, appellant, v Wells Fargo Bank, N.A., etc., respondent. (Index No. 63838/2019)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Westchester County, dated June 5, 2020. Motion by the respondent to withdraw or, in effect, dismiss the appeal upon the death of the appellant, Shannon Estavillo, on December 12, 2022.
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 the motion is denied (see CPLR 1015); and it is further,
ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to substitute a personal representative of the estate of Shannon Estavillo, for the deceased appellant, Shannon Estavillo (see CPLR 1021), by serving and filing an affirmation or affidavit on that issue, via NYSCEF, if applicable, or, if NYSCEF is not mandated by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before May 19, 2025; if a self-represented person is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before May 19, 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 and upon Chantel Carpentieri via email to the email address provided to this Court, or if no email address is available for service by regular mail.
DILLON, J.P., BARROS, GENOVESI and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court