Appellate Division: Second Judicial Department

M311504

ID/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2025-07062 Carline Balan Clerge, respondent, v Abed Nego Clerge, appellant. (Index No. 51288/2019)

ORDER TO SHOW CAUSE

2025-15467

Carline Balan-Clerge, respondent, v Abed

Nego Clerge, appellant.

(Index No. 51288/2019)

Appeals from a judgment of the Supreme Court, Kings County, dated April 22, 2025, and an order of the same court dated December 17, 2025. Motion by the appellant, inter alia, to stay enforcement of the judgment, pending hearing and determination of the appeals. Separate motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeals. Motion by Magalie Jean Pierre, purported executor of the estate of Carline Balan-Clerge, to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the parties to the appeal, and Magalie Jean Pierre, 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 notices of appeal were 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 respondent's death, and vacating the judgment and the order as nullites (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before March 30, 2026; if a self-represented party 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 March 30, 2026; and it is further,

ORDERED that the motions are 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 upon the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system, and upon the appellant, and counsel for Magalie Jean Pierre, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

IANNACCI, J.P., DOWLING, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court