Appellate Division: Second Judicial Department

M203402

E/ct

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-09750 Gary J. Thompson, appellant, v Nizamudeen Ishmael, et al., respondents, et al., defendants. (Index No. 23155/04)

DECISION & ORDER ON MOTION

Appeal by Gary J. Thompson from an order of the Supreme Court, Queens County, entered August 6, 2015. By order to show cause dated October 22, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered either (1) 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 Gary J. Thompson, and that the attorney who filed the notice of appeal lacked authority to act on behalf of the deceased, or (2) deeming the notice of appeal to have been filed by Howard Deitsch the aggrieved party.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted to the extent that the notice of appeal is deemed to have been filed by Howard Deitsch the aggrieved party (see CPLR 2001; Matter of Tagliaferi v Weiler, 1 NY3d 605), and the motion is otherwise denied as academic.

RIVERA, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court