Appellate Division: Second Judicial Department

M77341

S/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2007-03586, 2007-03587 In the Matter of Elaine Sassower-Berlin, petitioner-respondent, v Leonard Berlin, executor of the estate of Stephen Berlin, respondent-appellant; Barbara Kopman, nonparty-appellant. (Docket Nos. V-11995-04, V-11996-04, V-11997-04)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss appeals from two orders of the Family Court, Nassau County, both dated March 14, 2007, on the ground that the respondent-appellant has died, and to recall and vacate a decision and order on motion of this court dated May 17, 2007, which stayed enforcement of the orders pending hearing and determination of the appeals. Cross motion by Leonard Berlin for leave to intervene to oppose the motion. By decision and order on motion dated June 6, 2008, the motion and cross motion were held in abeyance pending appointment of a personal representative for the estate of the respondent-appellant, Stephen Berlin. By decision and order on motion dated October 1, 2008, the respondent-appellant's application to substitute Leonard Berlin, executor of the estate of Stephen M. Berlin, for the deceased respondent-appellant Stephen Berlin, was granted, the caption was amended, and the respondent-appellant was directed to serve and file any opposition to the motion and/or any cross motion on or before October 10, 2008.

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

ORDERED that the motion is denied.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court