| Wells Fargo v Stephen |
| Motion No: 2024-06215 |
| Slip Opinion No: 2025 NY Slip Op 75851(U) |
| Decided on September 5, 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
M307633
AFA/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2024-06215, 2025-10611 Wells Fargo, respondent, v Diane Stephen, et al., defendants, Neville Hillocks, et al., appellants. (Index No. 502002/2017)
| ORDER TO SHOW CAUSE |
Appeals from an order and an order and judgment (one paper) of the Supreme Court, Kings County, both dated September 19, 2023.
On the Court's own motion, it is
ORDERED that the parties to the appeals, Sharon D. Hillocks-Williams as administrator of the estate of Neville Hillocks, and all persons interested in the estate are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals 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 Neville Hillocks on August 28, 2023, and vacating the order as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), 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 October 3, 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 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 to the appeal, Sharon D. Hillocks-Williams, and the heirs of the estate 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