Appellate Division: Second Judicial Department

M231868

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2017-01834 Silver Towers Owners Corp., plaintiff-appellant, v Cromwell Silver Towers Group Limited Partnership, et al., respondents; Edward Rosenthal, et al., nonparty-appellants. (Index No. 711977/15)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Queens County, dated December 20, 2016. By order to show cause dated March 16, 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 insofar as taken on behalf of the nonparty Edward Rosenthal, on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of Edward Rosenthal, and the attorney who filed the notice of appeal lacked authority to act on behalf of the deceased, and vacating the order dated December 20, 2016, insofar as it pertains to Edward Rosenthal as a nullity, and (2) dismissing the appeal by the nonparties Lawrence Weinstein, David Stern, Harry Otterman and Walter Suarez on the ground that they are not aggrieved by the order dated December 20, 2016.

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

ORDERED that the motion is granted, and the appeal insofar as taken on behalf of the nonparty Edward Rosenthal and by the nonparties Lawrence Weinstein, David Stern, Harry Otterman and Walter Suarez is dismissed, without costs or disbursements (see CPLR 5511, 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713; Lewis v Kessler, 12 AD3d 421, 422), and the order dated December 20, 2016, insofar as it pertains to Edward Rosenthal is vacated as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181).

DILLON, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court