| Thompson v Orner |
| Motion No: 2005-06266 |
| Slip Opinion No: 2006 NYSlipOp 61251(U) |
| Decided on January 30, 2006 |
| 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
M35458
Y/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-06266 Eric Thompson, Jr., etc., et al., respondents, v Shahnaz Orner, et al., appellants. (Index No. 501/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 19, 2005, on the ground that the appellant Debra Cachura died prior to the issuance of the order and no personal representative had been substituted.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal by Debra Cachura is granted, and that the appeal by Debra Cachura is dismissed, without costs or disbursements, on the ground that the order is a nullity as to her (see Re v Ernst & Whinney, 236 AD2d 458); and it is further,
ORDERED that the motion is otherwise denied.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court