Appellate Division: Second Judicial DepartmentM263801

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-11781 Gertrude Leonard, etc., appellant, v SS. Cosmas and Damian Human Services Center, Inc., et al., respondents. (Index No. 101285/13)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated July 12, 2018. By order to show cause dated February 15, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered, inter alia, dismissing the appeal on the ground that the attorney who filed the notice of appeal for the deceased plaintiff, Dorothy Lyons, lacked authority to act on her behalf or on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings. Application to withdraw the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal dated July 31, 2018, is deemed to be a notice of appeal by Gertrude Leonard, as personal representative of the estate of Dorothy Lyons (see CPLR 2001; Medlock v Dr. William O Benenson Rehabilitation Pavillion, 167 AD3d 994, Tokar v Weissberg, 163 AD3d 1031); and it is further,

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

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

DILLON, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court