| Matter of S. (Anonymous), Samuel |
| Motion No: 2014-06074 |
| Slip Opinion No: 2016 NY Slip Op 85760(U) |
| Decided on September 15, 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
M218185
E/ct
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2014-06074, 2014-06083, 2014-06084, 2014-11043 In the Matter of Samuel S. (Anonymous), appellant. Simon S. (Anonymous), petitioner-appellant; Helen S. (Anonymous), respondent-respondent. (Index No. 100128/10)
| DECISION & ORDER ON MOTION |
Motion by Simon S. to vacate an automatic stay of all proceedings appeals from four orders of the Supreme Court, Kings County, dated April 22, 2013, January 24, 2014, March 18, 2014, and April 22, 2014, respectively, on the ground the deceased appellant Samuel S. is not aggrieved by the orders on appeal. Cross motion by Helen S. to dismiss the appeals for failure to serve the notice of appeal on Julie Clark.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are dismissed without prejudice to renew upon the appointment of a personal representative for the estate of the deceased appellant, Samuel S.
RIVERA, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court