| Campbell, as administrator of estate of Hyacinthy Adams v |
| Motion No: 2012-04482 |
| Slip Opinion No: 2013 NY Slip Op 67537(U) |
| Decided on March 15, 2013 |
| 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
M153135
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2012-04482, 2012-10745 Cecile Campbell, as administrator of the estate of Hyacinth Adams, respondent, v New York Methodist Hospital, defendant, Ditmas Care Center, appellant. (Index No. 3367/09)
| DECISION & ORDER ON MOTION |
Appeals by Ditmas Care Center from two orders of the Supreme Court, Kings County, dated March 21, 2012, and May 7, 2012, respectively. By order to show cause dated February 6, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal from the order dated March 21, 2012, on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings, which arose upon the death of Hyacinth Adams, and (2) vacating the order dated May 7, 2012, as a nullity, and dismissing the appeal from that order.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal from the order dated March 21, 2012, is dismissed, without costs or disbursements (see CPLR 1015[a]); and it is further,
ORDERED that the order dated May 7, 2012, is vacated and the appeal from that order is dismissed, without costs or disbursements (see CPLR 1015; Matter of Einstoss, 26 NY2d 181).
RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court