| Retained Realty, Inc. v Gertrude Moses, Occupant, Daniel Moses |
| Motion No: 2016-02433 WC |
| Slip Opinion No: 2017 NY Slip Op 62389(U) |
| Decided on January 19, 2017 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Retained Realty, Inc., Respondent, v Gertrude Moses, Occupant, Daniel Moses, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Justice Court of the Town of New Castle, Westchester County, dated August 18, 2016, and a final judgment of the same court entered September 16, 2016. The motion papers indicate that occupant Gertrude Moses died on September 5, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motion and the appeal are held in abeyance pending the substitution of a personal representative for the deceased occupant Gertrude Moses.
We note that, as no substitution has as yet been made for the deceased occupant, no notice of appeal has been filed on behalf of her estate.
ENTER:
Paul Kenny
Chief Clerk