| Wasserman, doing business as Wasserman Realty Services v Lilo |
| Motion No: 2016-05808 |
| Slip Opinion No: 2017 NY Slip Op 69738(U) |
| Decided on April 6, 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
M228874
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-05808 Evelyn Wasserman, doing business as Wasserman Realty Services, et al., respondents, v Lilo Brothers, LLC, et al., appellants. (Index No. 30454/11)
| DECISION & ORDER ON MOTION |
2017-02904
Susan Wasserman, executor of the estate of
Evelyn Wasserman, doing business as
Wasserman Realty Services, et al., respondents,
v Lilo Brothers, LLC, et al., appellants.
(Index No. 30454/11)
2017-02905
Evelyn Wasserman, doing business as
Wasserman Realty Services, et al., respondents,
v Lilo Brothers, LLC, et al., appellants.
(Index No. 30454/11)
Appeals by the defendants from a judgment of the Supreme Court, Kings County, dated April 21, 2016, an order of the same court dated January 31, 2017, and a resettled judgment of the same court dated February 23, 2017. By letter dated January 3, 2017, the respondents' counsel advised the Court that Evelyn Wasserman died on February 4, 2016, and by order to show cause dated February 7, 2017, 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 from the judgment on the grounds that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of Evelyn Wasserman, and that the attorney who filed the notice of appeal lacked authority to act on behalf of the deceased, and (2) vacating the judgment as a nullity.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion, inter alia, to dismiss the appeal from the judgment is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that on the Court's own motion, the appeals from the order, the judgment, and the resettled judgment shall be perfected on or before June 5, 2017; and it is further,
ORDERED that the respondents shall serve and file a brief, if any, on or before July 5, 2017; and it is further,
ORDERED that the appellants shall serve and file a reply brief, if any, on or before July 17, 2017.
RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court