| Kreitman v Moshman |
| Motion No: 2015-02632 |
| Slip Opinion No: 2016 NY Slip Op 60397(U) |
| Decided on January 7, 2016 |
| 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
M204078
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2015-02632, 2015-03322, 2015-04504 Sarah Kreitman, etc., et al., appellants, v Robert L. Moshman, et al., respondents, et al., defendants (and a third-party action). (Index No. 54514/11)
| DECISION & ORDER ON MOTION |
Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Westchester County, dated March 4, 2015, March 30, 2015, and May 6, 2015, respectively. By order to show cause dated November 16, 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 appeals insofar as taken on behalf of Richard Kreitman, who died on March 15, 2015, on the ground that the notices of appeal were filed in violation of the statutory stay of proceedings and (2) vacating the orders dated March 30, 2015, and May 6, 2015, insofar as they affect the rights of Richard Kreitman as nullities.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeals insofar as taken on behalf of Richard Kreitman and to vacate the orders dated March 30, 2015, and May 6, 2015, insofar as they affect the rights of Richard Kreitman is denied as academic in light of the order of the Supreme Court, Westchester County, dated November 25, 2015, which substituted Sarah Kreitman, as personal representative of Richard Kreitman, for Richard Kreitman nunc pro tunc; and it is further,
ORDERED that the caption of the appeal is amended accordingly: and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeals is enlarged until March 7, 2016, and the record or appendix and the appellants' brief must be served and filed on or before that date.
DILLON, J.P., ROMAN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court