Elizabeth Martinez & Marcos Martinez v Philip Martinez
Motion No: 2008-00216 NC
Slip Opinion No: 2008 NYSlipOp 80889(U)
Decided on August 18, 2008
Appellate Term, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.

NO. 2008-216 N C
ELIZABETH MARTINEZ and MARCOS MARTINEZ,

Respondents,

-against-

PHILIP MARTINEZ,

Appellant,

-and-

"JOHN DOE" and "JANE DOE",

Respondents.

DECISION

On the court's own motion, motions by tenant-appellant returnable June 26, 2008 and July 1, 2008 are hereby consolidated for purposes of disposition and held in abeyance pending further order of this court.

It appears that petitioner-respondent Marcos Martinez is now deceased. The power of attorney executed by Marcos Martinez lapsed upon his death, and no personal representative has been substituted for him (see CPLR 1015, 1021).