Appellate Division: Second Judicial Department

M227976

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2015-05885 Stepp Payne, et al., appellants-respondents, v George Alfred Murray, etc., et al., defendants, Keyspan Energy Delivery, respondent, Consolidated Edison Company of New York, Inc., et al., respondents-appellants. (Index No. 2146/07)

DECISION & ORDER ON MOTION

Appeal by Stepp Payne and Wynonnie Payne, and separate cross appeals by Consolidated Edison Company of New York, Inc., and Harris Water Main & Sewer Contractors, from an order of the Supreme Court, Kings County, dated May 29, 2015. The appellant-respondent Wynonnie Payne died on June 18, 2006. By decision and order on motion of this Court dated January 24, 2017, Stepp Payne, Jr., as administrator of the estate of Wynonnie Payne, was substituted for the deceased appellant-respondent,Wynonnie Payne, and the parties were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal and cross appeals, on the grounds that the notice of appeal and notices of cross appeals were filed in violation of the statutory stay of proceedings which arose upon the death of Wynonnie Payne, and dismissing the appeal taken on behalf of Wynonnie Payne on the ground that counsel had no authority to file the notice of appeal on her behalf, and (2) vacating the order dated May 29, 2015, as a nullity.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal and cross appeals, and vacate the order dated May 29, 2015, as a nullity is granted, the appeal and cross appeals are dismissed, without costs or disbursements (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713), and the order dated May 29, 2015, is vacated as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181).

RIVERA, J.P., HALL, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court