| Ulster Savings Bank v Fiore |
| Motion No: 2012-11415 |
| Slip Opinion No: 2015 NY Slip Op 80210(U) |
| Decided on July 28, 2015 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M196120
E/sl
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2012-11415 Ulster Savings Bank, respondent, v Nicholas B. Fiore, et al., appellants, et al., defendants. (Index No. 13789/11)
| DECISION & ORDER ON MOTION |
Appeal by Nicholas B. Fiore and Linda Fiore from an order of the Supreme Court, Westchester County, entered September 27, 2012. Linda Fiore died on January 18, 2013. By order to show cause dated June 2, 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 by Linda R. Fiore in the above-entitled action (1) for failure to substitute a personal representative for the deceased appellant, Linda Fiore, or (2) on the ground that the appeal has been rendered academic as to Linda Fiore as Linda Fiore's in interest in the subject premises as tenant by the entirety divested upon her death, and the respondent has waived a deficiency judgment against her estate.
Now, on the Court's own motion, it is
ORDERED that the motion to dismiss the appeal by Linda R. Fiore is granted and the appeal by Linda R. Fiore is dismissed, without costs or disbursements (see CPLR 1021; Bank of New York Mellon Trust Co. v Ungar Family Realty Corp., 111 AD3d 673; Bova v Vinciguerra, 139 AD2d 797).
DICKERSON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court