| Halley v Barbera |
| Motion No: 2017-03233 |
| Slip Opinion No: 2019 NY Slip Op 80319(U) |
| Decided on September 25, 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
M266115
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2017-03233, 2017-03234 Thomas P. Halley, appellant, v Carl Barbera, etc., et al., respondents. (Index No. 7080/13)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from an order of the Supreme Court, Dutchess County, dated January 4, 2017, and a judgment of the same court dated January 24, 2017, pursuant to CPLR 1021 for failure to substitute a personal representative of the deceased appellant, Thomas P. Halley.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements.
DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court