| Knopf v Esposito |
| Motion No: 2021-08404 |
| Slip Opinion No: 2025 NY Slip Op 75645(U) |
| Decided on September 3, 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
M307599
AFA/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2021-08404 Norma Knopf, et al., respondents, v Frank M. Esposito, et al., defendants, Dorsey & Whitney, LLP et al., appellants. (Index No. 150315/2019)
| ORDER TO SHOW CAUSE , |
2021-08406
Norma Knopf, et al., plaintiffs-respondents,
v Frank M. Esposito, et al., defendants,
Dorsey & Whitney, LLP, et al., appellants,
Edward S. Feldman, defendant third-party
plaintiff respondent; Eric W. Berry, third-
party defendant-respondent.
(Index No. 150315/2019)
Appeals from two orders of the Supreme Court, New York County, dated October 26, 2021, and March 4, 2021, respectively, which were transferred to this Court by orders of the Appellate Division, First Judicial Department, dated November 18, 2021.
On the Court's own motion, it is
ORDERED that the parties are directed to show cause before this Court why an order should not be made and entered (1) dismissing the appeals on the ground that the notices of appeals were filed in violation of the statutory stay of proceedings which arose upon the death of the respondent Michael Knopf on January 10, 2021 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); and (2) vacating the orders as nullities (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before October 3, 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 or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court