| DeVega v Silich |
| Motion No: 2008-05602 |
| Slip Opinion No: 2010 NY Slip Op 82907(U) |
| Decided on September 21, 2010 |
| 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
M108597
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2008-05602 Alfred DeVega, etc., et al., appellants, v Robert Silich, etc., respondent. (Index No. 102481/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated May 14, 2008, pursuant to CPLR 1021 on the ground that no personal representative has been appointed for Baerbel DeVega, and for an award of costs and disbursements.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeal is dismissed, without costs or disbursements, and the motion is otherwise denied.
DILLON, J.P., FLORIO, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court