Appellate Division: Second Judicial Department

M260197

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2017-05362, 2018-08331, 2018-08332 HSBC Bank USA, National Association, etc., plaintiff-respondent, v Patti Scivoletti, et al., appellan GE Money Bank, et al., defendants-respondents, et al., defendants. (Index No. 4107/16)

DECISION & ORDER ON MOTION ts,

Appeals from three orders of the Supreme Court, Nassau County, one entered October 28, 2016, and two entered April 18, 2018. By order to show cause dated January 2, 2019, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders entered April 18, 2018, insofar as taken on behalf of the deceased defendant, Robert Scivoletti, on the ground that the attorney who filed the notice of appeal for those appeals lacked authority to act on behalf of the deceased defendant, and the notice of appeal is a nullity as to that defendant.

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

ORDERED that the motion is granted, and the appeals from the orders entered April 18, 2018, insofar as taken on behalf of the deceased defendant, Robert Scivoletti, are dismissed, without costs or disbursements (see Lewis v Kessler, 12 AD3d 421, 422).

DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court