| Blaut v Berkovits |
| Motion No: 2010-00772 |
| Slip Opinion No: 2011 NY Slip Op 66519(U) |
| Decided on March 10, 2011 |
| 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
M116803
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2010-00772 William Blaut, appellant, v Joseph Berkovits, et al., respondents. (Index No. 8157/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents to vacate a decision and order of this Court dated October 26, 2010, which determined an appeal from an order of the Supreme Court, Kings County, dated October 26, 2009.
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, the decision and order of this Court dated October 26, 2010, is recalled and vacated on the ground that the appellant died on October 17, 2010; and it is further,
ORDERED that on the Court's own motion, the appeal is held in abeyance pending the appointment of a personal representative for the appellant's estate (see CPLR 1015[a], 1021); and it is further,
ORDERED that the motion by the respondents is dismissed.
MASTRO, J.P., FLORIO, DICKERSON, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court