Appellate Division: Second Judicial Department

M207058

S/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2013-09744, 2014-01847 NYCTL 1997-1 Trust, et al., plaintiffs-respondents, v Marie Davis, as administrator of the estate of Eddie Davis, et al., defendants, G. E. Equities Corp., et al., appellants, Delores Davis, etc., defendant-respondent. (Index No. 43893/98)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated June 3, 2013, and August 6, 2013, respectively. The attorney for the appellants has advised the Court that the defendant Eddie Davis died on June 17, 2006, and no representative for his estate has been appointed. By order to show cause dated May 16, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered vacating the orders dated June 3, 2013, and August 6, 2013, as nullities, and dismissing the appeals (see CPLR 1015; Matter of Einstoss, 26 NY2d 181). By decision and order on motion of this Court dated November 19, 2014, the matter was remitted to the Supreme Court, Kings County, to hear and report on (1) whether an estate representative has been appointed for the defendant Eddie Davis and the date that such appointment was made, and whether the caption should be amended accordingly, and (2) whether the papers filed either in support of or in opposition to the motions which resulted in the orders dated June 3, 2013, and August 6, 2013, were authorized to be filed, and the order to show cause was held in abeyance in the interim. The Supreme Court, Kings County, has filed its report.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, upon the papers filed in response to the order to show cause, and upon the report of the Supreme Court, Kings County, it is

ORDERED that motion to vacate the orders dated June 3, 2013, and August 6, 2013, as nullities and to dismiss the appeals is denied; and it is further,

ORDERED that Marie Davis, as administrator of the estate of Eddie Davis, is substituted for the deceased defendant Eddie Davis, and the caption of the appeal is amended accordingly; and it is further,

ORDERED that the application is granted, the appellants' time to perfect the appeals is enlarged until April 25, 2016, and the record or appendix on the appeals and the appellants' brief shall be served and filed on or before that date.

RIVERA, J.P., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court