Appellate Division: Second Judicial Department

M202821

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-00866 In the Matter of Zurich American Insurance Company, petitioner-respondent, v Eric Pineiro, appellant; Ryder Truck Rental, Inc., et al, nonparty-respondents. (Index No. 30454/11)

DECISION & ORDER ON MOTION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated December 12, 2014. By letter dated July 23, 2015, petitioner-respondent's counsel advised the Court that Eric Pineiro died on August 1, 2014. By order to show cause dated September 22, 2015, 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 and the application on the ground that the notice of appeal and application were filed in violation of the statutory stay of proceedings which arose upon the death of Eric Pineiro, and that the attorney who filed the notice of appeal and the application lacked authority to act on behalf of the deceased, and (2) vacating the order and judgment (one paper) dated December 12, 2014, as a nullity.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal and the application are dismissed (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713), without costs or disbursements; and it is further,

ORDERED that the order and judgment (one paper) dated December 12, 2014, is vacated (see CPLR 1015; Matter of Einstoss, 26 NY2d 181).

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court