| Altman v Dipreta |
| Motion No: 2015-03521 |
| Slip Opinion No: 2019 NY Slip Op 79892(U) |
| Decided on September 19, 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
M265968
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2015-03521 Jeanne Altman, et al., appellants, v Richard S. Dipreta, et al., respondents, et al., defendant. (Index No. 52574/14)
| DECISION & ORDER ON MOTION |
Cross motion by the respondents Richard S. Dipreta and DiPretra Law Firm, LLP, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated March 24, 2015, on the ground that Charles Altman lacked standing to seek relief on behalf of Jeanne Altman. By order to show cause dated June 21, 2019, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal from the order dated March 24, 2015, in the above-entitled proceeding pursuant to CPLR 1021 for failure to substitute a personal representative for the deceased appellant, Jeanne Altman, and the branch of the cross motion which is to dismiss the appeal on the ground that Charles Altman lacked standing to seek relief on behalf of Jeanne Altman was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted to the extent that the appeal insofar as taken by Jeanne Altman is dismissed, without costs or disbursements, and the motion to dismiss the appeal is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated March 24, 2015, on the ground that Charles Altman lacked standing to seek relief on behalf of Jeanne Altman is denied as academic with respect to the appeal insofar as taken by Jeanne Altman and is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the time of Charles Altman to perfect his appeal is extended until October 21, 2019, and the record or appendix and Charles Altman's brief shall be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court