| English v Lucas |
| Motion No: 2015-02470 |
| Slip Opinion No: 2015 NY Slip Op 80502(U) |
| Decided on July 31, 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
M196284
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
THOMAS A. DICKERSON
BETSY BARROS, JJ.
|
2015-02470 Jaime English, appellant, v Jane Lucas, respondent, et al., defendants. (Index No. 6924/12)
| DECISION & ORDER ON MOTION |
Appeal by Jaime English from an order of the Supreme Court, Kings County, entered January 22, 2015. The notice of appeal was filed on February 23, 2015. The plaintiff, Jaime English, died on February 9, 2015. By order to show cause dated June 3, 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 the notice of appeal was filed in violation of the statutory stay of proceedings, which arose upon the death of Jaime English, and that the attorney who filed the notice of appeal lacked authority to act on behalf of the deceased.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713; Lewis v Kessler, 12 AD3d 421, 422).
DILLON, J.P., LEVENTHAL, DICKERSON and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court