Appellate Division: Second Judicial Department

M187293

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2014-08528 US Bank National Association, etc., appellant, v Therese Zajkowski, respondent, et al., defendants. (Index No. 1516/10)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated May 30, 2014, pursuant to CPLR 1015 and 1021 to appoint a temporary administrator for the deceased respondent, Therese Zajkowski, who died on April 1, 2014, to substitute the temporary administrator for the deceased respondent, and to enlarge the time to perfect the appeal. By order to show cause dated December 12, 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 appeal on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings and (2) vacating the order dated May 30, 2014, as a nullity, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the order dated May 30, 2014, is vacated (see CPLR 1015; Matter of Einstoss, 26 NY2d 181) and the appeal is dismissed, without costs or disbursements (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); and it is further,

ORDERED that the appellant's motion is denied without prejudice to seeking relief in the Supreme Court, Queens County, or the appropriate Surrogate's Court.

RIVERA, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court