Appellate Division: Second Judicial Department

M185636

U/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2014-02029, 2014-02996 Mildred Gomez, etc., appellant, v Nicole Willard, respondent. (Index No. 4510/13)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the Order to Show Cause of this Court dated December 2, 2014, in the above-entitled case is recalled and vacated and the following is substituted therefor:

Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, dated October 15, 2013, and January 15, 2014, respectively, to recall and vacate an order on application of this Court dated July 15, 2014, which granted an application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated January 15, 2014, and to dismiss that appeal for failure to timely perfect, or alternatively, to dismiss that appeal on the ground that no appeal lies from an order denying reargument. Application by Gregory Dale Abram, counsel for Mildred Gomez, as executrix of the estate of Joseph Gomez, inter alia, to consolidate the appeals and to withdraw as counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application by Gregory Dale Abram and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeals for failure to effect timely substitution of Roberta Branch, who was appointed successor executrix of the estate of Joseph Gomez by order of the Surrogate's Court, Nassau County, dated June 27, 2014, for the previous executrix, Mildred Gomez, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before March 2, 2015; and it is further,

ORDERED that the motion is held in abeyance in the interim; and it is further,

ORDERED that the application by Gregory Dale Abram is denied without prejudice to making a motion, inter alia, to consolidate the appeals and to withdraw as counsel; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this decision and order on motion upon Gregory Dale Abram, Roberta Branch, and Richards & Zuvich, P.C., counsel for the respondent, by regular mail.

DILLON, J.P., DICKERSON, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court