Appellate Division: Second Judicial Department

M232541

S/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 decision and order on motion of this Court dated April 6, 2017, the Court's own motion to dismiss 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) to vacate the judgment as a nullity, was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof. By order on application of this Court dated June 5, 2017, the appeals were marked withdrawn.

Now, upon the Court's own motion, it is

ORDERED that the motion to dismiss the appeal from the judgment is denied as academic.

RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court