| Wyndover Woods Apt., Inc. v Anthony Parks As Ex'r of Estate of Joel Parks & Estate of Gertell Parks |
| Motion No: 2016-02745 WC |
| Slip Opinion No: 2017 NY Slip Op 68887(U) |
| Decided on March 21, 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.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Wyndover Woods Apartment, Inc., Respondent, v Anthony Parks as Executor of the Estate of Joel Parks and the Estate of Gertell Parks, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Justice Court of the Town of Greenburgh, Westchester County, entered October 21, 2016, and an oral order of the same court made on November 10, 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 the appeal is dismissed, the orders are vacated, and the petition is dismissed.
As the record establishes that appellant was not appointed the executor of his father's estate until five months after the proceeding was commenced, the proceeding was a legal nullity from its inception and this court has no jurisdiction to entertain the appeal (see Gorbaty v Brodksy, 142 AD3d 584 [2016]). Accordingly, the appeal is dismissed, the orders are vacated, and the petition is dismissed; and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk