| Berliner v Berliner |
| Motion No: 2015-01342 |
| Slip Opinion No: 2017 NY Slip Op 61621(U) |
| Decided on January 20, 2017 |
| 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
M224881
E/sl
JOHN M. LEVENTHAL, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
FRANCESCA E. CONNOLLY, JJ.
|
2015-01342 Ira Berliner, appellant, v Mariann Berliner, respondent. (Index No. 6107/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent pursuant to CPLR 1021 to dismiss an appeal from an order of the Supreme Court, Westchester County, entered November 17, 2014, for failure to substitute a personal representative for the deceased appellant, Ira Berliner, who died on November 24, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 1021).
LEVENTHAL, J.P., ROMAN, SGROI and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court