| ED FERRIS V GEORGE MERCIER AND GMC MANAGEMENT CORP. |
| Motion No: CA 15-01757 |
| Slip Opinion No: 2016 NY Slip Op 70353(U) |
| Decided on April 8, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01757
| ED FERRIS, PLAINTIFF-APPELLANT, V GEORGE MERCIER AND GMC
MANAGEMENT CORP., DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 23, 2015, or, in the alternative, to stay the appeal pending an estate substitution due to the death of respondent George Mercier,
Now, upon reading and filing the affirmation of F. Michael Ostrander, Esq., dated February 16, 2016, the notice of motion with proof of service thereof, and the statement of Ed Ferris dated February 23, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed and the appeal is removed from the term of this Court commencing October 17, 2016, on the ground that the appeal is held in abeyance until a representative of Mr. Mercier's estate is substituted as a party for Mr. Mercier (see CPLR 1015 [b], 1021; Matter of Drumm v Shah, 107 AD3d 1476).
Entered: April 8, 2016
Frances E. Cafarell, Clerk