Appellate Division: Second Judicial Department

M305078

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2017-02900, 2017-02902 Wells Fargo Bank, N.A., plaintiff-respondent, v Theresa Panas, et al., appellants, North Folk Bank, defendant-respondent. (Index No. 29345/2012)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Suffolk County, both dated October 12, 2016. Motion by the appellant Theresa Panas to withdraw the appeals upon the death of the appellant Michael Panas on September 4, 2017. Motion by the plaintiff-respondent, inter alia, to substitute Theresa Panas as the surviving spouse of the deceased appellant Michael Panas.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the plaintiff-respondent which is to substitute Theresa Panas as the surviving spouse of the deceased appellant Michael Panas is denied; and it is further,

ORDERED that the motion by the plaintiff-respondent is otherwise denied (see CPLR 1015); and it is further,

ORDERED that the motion by the appellant 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 Michael Panas, for the deceased appellant Michael Panas (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 June 13, 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 June 13, 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 the parties to the appeal via email to the email address provided to this Court, or if no email address is available for service by regular mail.

CHAMBERS, J.P., WOOTEN, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court