Appellate Division: Second Judicial Department

M175238

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-11101 Burim Qela, respondent-appellant, v James Molinaro, et al., respondents, Lonnie Hoffman, et al., appellants-respond (Index No. 7588/09)

DECISION & ORDER ON MOTION ents.

Motion by the appellant-respondent Luis Lizarazo to stay the trial in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 25, 2011. The appellant-respondent Lonnie Hoffman died on July 11, 2012. By order to show cause dated April 29, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross appeal for failure to substitute a personal representative of the estate of Lonnie Hoffman for the deceased appellant, Lonnie Hoffman, and the motion by the appellant-respondent Luis Lizarazo was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant-respondent Luis Lizarazo and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal and cross appeal is granted and the appeal and cross appeal are dismissed, without costs or disbursements (see CPLR 1021); and it is further,

ORDERED that the motion by the appellant-respondent Luis Lizarazo is denied as academic.

RIVERA, J.P., BALKIN, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court