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Appellate Division, Second Department: March 4, 2019

Appellate Division, Second Department: March 4, 2019

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Motion List released for: March 4, 2019

By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Michael Golden, ap, v. City of New York res, et al., def — Appeal from an order of the Supreme Court, Kings County, dated February 13, 2015. Michael Golden died on October 4, 2014.Now, on the Court’s own motion, it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal 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 Michael Golden, and (2) vacating the order as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by filing an affirmation or affidavit on that issue with the Clerk of this Court and serving one copy of the same on each other on or before March 25, 2019; and it is further,ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on former attorney for the deceased appellant, Michael Golden, the attorneys for the respondents, and Amy Francis Lipman by regular mail.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

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