Appellate Division: Second Judicial Department

M203340

S/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2012-05183, 2015-01804 Susan Kelly, etc., appellant, v Kimberly Fenton, etc., et al., defendants, Frank Darras, etc., respondent. (Index No. 33833/08)

DECISION & ORDER ON MOTION

Motion by the appellant Susan Kelly on appeals from an order of the Supreme Court, Kings County, dated March 30, 2012, which was determined by decision and order of this Court dated April 23, 2014, and an order of the same court dated November 20, 2014, to substitute herself, as administrator of the estate of James D. Kelly, for the deceased appellant James D. Kelly, nunc pro tunc, as of the date of his death, with respect to the appeal from the order dated March 30, 2012. By decision and order of this Court dated May 26, 2015, the motion was held in abeyance pending hearing and determination of the appeal from the order dated November 20, 2014. By decision and order dated December 9, 2015, this Court determined the appeal from the order dated November 20, 2014.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the decision and order of this Court dated December 9, 2015, it is

ORDERED that the motion is denied as academic in light of the decision and order of this Court dated December 9, 2015.

MASTRO, J.P., DICKERSON, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court