| Alexander v Smithfield Foods, Inc. |
| Motion No: 2013-02521 |
| Slip Opinion No: 2013 NY Slip Op 83253(U) |
| Decided on August 26, 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
M161258
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-02521 Richard A. Alexander, appellant, v Smithfield Foods, Inc., et al., respondents. (Index No. 11-2784)
| DECISION & ORDER ON MOTION |
Application by Mary Alexander, on behalf of the appellant, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated December 9, 2011.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, as the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of Richard A. Alexander (see CPLR 1021; Matter of Einstoss, 26 NY2d 181); and it is further,
ORDERED that the application is denied as academic.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court