Appellate Division: Second Judicial Department

M189199

S/ct

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

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

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. By order to show cause dated January 28, 2015, the parties were 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, and the motion and the application were held in abeyance in the interim.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, 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, and upon the order to show cause of this Court and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the 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, is granted, and the appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by the respondent and the application by Gregory Dale Abram are denied as academic.

CHAMBERS, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court