| Lois M. Rosenblatt, As Adm'r of Estate of Anthony W. Nicholas v "john Doe," |
| Motion No: 2015-00642 KC |
| Slip Opinion No: 2017 NY Slip Op 67328(U) |
| Decided on March 8, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Lois M. Rosenblatt, as Administrator of the Estate of Anthony W. Nicholas, Respondent, v "John Doe," Defendant, and Jean Lima, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 1, 2013. By order to show cause dated January 8, 2016, the parties were directed to show cause before this court why the appeal from the order entered August 1, 2013 should or should not be dismissed, the order entered August 1, 2013 vacated, and the motion giving rise to the order dismissed on the ground that the motion, purportedly having been made by an attorney for a deceased party, and the order entered thereon are nullities.
Upon the papers filed in support of appellant's motion and no papers having been filed in opposition thereto, and upon the order to show cause and the papers filed in response thereto, it is
ORDERED, on the court's own motion, that appellant's motion for a stay and the motion to, among other things, dismiss the appeal are consolidated for the purposes of disposition; and it is further,
ORDERED that the motion to, among other things, dismiss the appeal is denied; and it is further,
ORDERED that appellant's motion for a stay is denied as academic, as the appeal has been determined.
ENTER:
Paul Kenny
Chief Clerk