| Matter of F. (Anonymous), Rose |
| Motion No: 2004-07578 |
| Slip Opinion No: 2007 NYSlipOp 74052(U) |
| Decided on July 20, 2007 |
| 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
M57404
S/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2004-07578, 2005-00298, 2005-10385 In the Matter of Rose F. (Anonymous). Roseann Hagenbuch, respondent; Lori Feiner, et al., appellants.
(Index No. 02-19378)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from three orders of the Supreme Court, Westchester County, dated July 27, 2004, December 22, 2004, and September 29, 2005, respectively, inter alia, to stay all proceedings in the above-entitled matter pending hearing and determination of the appeals. The appellant Arthur Feiner died prior to entry of the order dated September 29, 2005, and before the notices of appeal were filed. The incapacitated person, Rose F., died during the pendency of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion Alice Feiner, as preliminary executor of the estate of Arthur Feiner, is substituted for the deceased appellant Arthur Feiner; and it is further,
ORDERED that on the court's own motion Kenneth H. Wilber, as limited administrator of the estate of Rose F., is substituted for the deceased respondent Rose F.; and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that the parties or their attorneys show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that the appeals have abated as result of the death of Rose F. (see Matter of Mary L. Thomas, 21 NY2d 720; Matter of Rose BB., 246 AD2d 820, 821), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before August 17, 2007; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion on the parties or their attorneys by regular mail.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court