Appellate Division: Second Judicial Department

M182781

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2013-06094, 2013-07857 Lucy Giarrantana, plaintiff-respondent, v An Armful Corp., appellant, Ye Ji Gift & Stationary, defendant-respondent. (Appeal No. 1) Lucy Giarrantana, plaintiff-respondent, v An Armful Corp., appellant, Ye Ji Gift & Stationary, et al., defendants-respondents. (Appeal No. 2) (Index No. 28341/09)

DECISION & ORDER ON MOTION

Appeals by An Armful Corp. from two orders of the Supreme Court, Queens County, entered April 8, 2013, and June 24, 2013, respectively. By order to show cause dated September 25, 2014, as amended October 6, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeals on the ground that the notices of appeal were filed in violation of the statutory stay of proceedings (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713) which arose upon the death of Lucy Giarrantana, and (2) vacating the orders entered April 8, 2013, and June 24, 2013, as nullities (see CPLR 1015; Matter of Einstoss, 26 NY2d 181). Application by An Armful Corp. To withdraw the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

DILLON, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court