| Borough Park Cts. Assoc. v Carmen Santos |
| Motion No: 2009-00875 kc |
| Slip Opinion No: 2010 NY Slip Op 62567(U) |
| Decided on January 29, 2010 |
| 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| BOROUGH PARK COURTS ASSOCIATES, Respondent, -against- CARMEN SANTOS, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants. |
DECISION
Motion by respondent to dismiss the appeal, vacate the stay, and to impose sanctions on the former attorney for the deceased appellant denied.
On the court's own motion, the appeal is held in abeyance pending substitution of a personal representative for appellant in view of her death (CPLR 1015, 1021).
The branches of the motion seeking to dismiss the appeal and vacate the stay are denied on the ground that service upon the former attorney for the deceased appellant is a nullity with respect to these branches of the motion.
The branch of the motion seeking to impose sanctions upon the former attorney for the deceased appellant is denied on the ground that sanctions are not warranted.