Appellate Division: Second Judicial Department

M305851

AFA/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

BARRY E. WARHIT

LILLIAN WAN, JJ.

2021-02901 Vito Balsamo, et al., appellants, v City of New York, et al., respondents. (Index No. 709172/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated March 31, 2021. Motion by the respondents to dismiss the appeal pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased appellant Vito Balsamo.

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 parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as taken on behalf of the deceased appellant, Vito Balsamo, 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 his death on April 9, 2021, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before July 14, 2025; and it is further,

ORDERED that the respondents' motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or his designee, shall serve copies of this order to show cause on the counsel for the appellant Josephine Balsamo and upon all counsel by uploading a copy of this order to show cause to the NYSCEF system.

IANNACCI, J.P., MILLER, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court