Appellate Division: Second Judicial Department

M124299

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-05445 Corinne Cooper, as administrator of the estate of Cecilia R. Stepnoski, appellant, v Burt's Reliable, Inc., respondent. (Index No. 6053/07)

DECISION & ORDER ON MOTION

Motion by Corinne Cooper, inter alia, to substitute Corinne Cooper, as administrator of the estate of Cecilia R. Stepnoski, for the deceased appellant, Cecilia R. Stepnoski, on an appeal from a judgment of the Supreme Court, Suffolk County, entered April 13, 2010, to amend the caption, and to vacate the judgment and reissue a judgment in identical form .

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to substitute Corinne Cooper, as administrator of the estate of Cecilia R. Stepnoski, for the deceased appellant, Cecilia R. Stepnoski, and to amend the caption are granted, Corinne Cooper, as administrator of the estate of Cecilia R. Stepnoski, is substituted for the deceased appellant, Cecilia R. Stepnoski, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that entry of the judgment after the death of Cecilia R. Stepnoski and before appointment of a personal representative rendered the judgment a nullity (see CPLR 1015, 1021; Stancu v Cheon Hyang Oh, 74 AD3d 1322; Gonzalez v Ford Motor Co., 295 AD2d 474, 475); and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court