Appellate Division: Second Judicial Department

M190186

T/ct

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

HECTOR D. LASALLE

BETSY BARROS, JJ.

2013-11271 Abley Properties, Inc., appellant, v Dennis Reid, et al., respondents. (Index No. 12463/02)

DECISION & ORDER ON MOTION

Motion by Denise Gibson, formerly known as Denise Reid, as administrator of the estate of Dennis Reid, to amend the caption on an appeal from an order of the Supreme Court, Kings County, dated October 18, 2013, to add LCD Holding Corp. and/or Vincent Longobardi as appellants, to substitute her for the deceased respondent, Dennis Reid, and to enlarge the time to serve and file a brief, or, in the alternative, to dismiss the appeal on the ground, inter alia, that it has been rendered academic. By order to show cause dated February 4, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that (1) Abley Properties, Inc., is not aggrieved by the order appealed from (see CPLR 5511), or (2) no appeal lies from an order granting a motion to reinstate a decision (see Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363), and the motion by Denise Gibson, formerly known as Denise Reid, as administrator of the estate of Dennis Reid, 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 and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511; Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363); and it is further,

ORDERED that the motion by Denise Gibson, formerly known as Denise Reid, as administrator of the estate of Dennis Reid, is denied as academic.

CHAMBERS, J.P., DICKERSON, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court