PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00034

BRENT C. CALEB AND ROSALIE A. CALEB, PLAINTIFFS-RESPONDENTS, V SEVENSON ENVIRONMENTAL SERVICES, INC., DEFENDANT-APPELLANT.

Respondent Rosalie A. Caleb having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on May 2, 2012, on the ground that appellant has failed to perfect timely the appeal, and

Appellant having cross-moved for an extension of time to perfect the appeal from the judgment and order entered May 2, 2012,

Now, upon reading and filing the affidavit of Melissa L. Vincton, Esq., sworn to January 7, 2013, the affidavit of Edward P. Perlman, Esq., sworn to January 17, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are dismissed on the ground that the appeal is stayed until a party makes and this Court grants a motion to lift the stay that includes an affidavit with exhibits demonstrating that Brent C. Caleb's rights or obligations pass by operation of law to Rosalie A. Caleb and no one else, or until a representative of Mr. Caleb's estate is substituted as a party for Mr. Caleb (see CPLR 1015 [b], 1021, 1022; Schraven v Town of Tonawanda, 238 AD2d 952; Gonzalez v Ford Motor Co., 295 AD2d 474; Bluestein v City of New York, 280 AD2d 506).

Entered: March 5, 2013

Frances E. Cafarell, Clerk