| Nicoletti v Ancona |
| Motion No: 2017-03001 |
| Slip Opinion No: 2019 NY Slip Op 75476(U) |
| Decided on July 18, 2019 |
| 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
M263502
E/sl
JOHN M. LEVENTHAL, J.P.
JOSEPH J. MALTESE
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2017-03001 Valentina Nicoletti, respondent, v Gena Ancona, et al., defendants; Progressive Insurance Company, nonparty-appellant. (Index No. 40606/08)
| DECISION & ORDER ON MOTION |
Appeal by Progressive Insurance Company from an order of the Supreme Court, Suffolk County, dated January 31, 2017. By order to show cause dated October 19, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order was issued after the death of Valentina Nicoletti and no substitution of a personal representative of her estate had been made.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, as the order is a nullity and no substitution of a personal representative of the estate of Valentina Nicoletti nunc pro tunc was obtained (see CPLR 1015[a]; Kelly v Fenton, 134 AD3d 768; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713).
LEVENTHAL, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court