Appellate Division: Second Judicial Department

M267408

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-08141 JP Morgan Chase Bank, N.A., respondent, v Mario A. Pesa, et al., appellants, et al., defendants. (Index No. 20415/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 13, 2014, for failure to substitute a personal representative for the deceased appellant, Mario A. Pesa, or, in the alternative, to substitute Camillo John Pesa, as administrator of the estate of Mario A. Pesa, for the deceased appellant, Mario A. Pesa. Application by the appellants Christopher F. Pesa, Frank Pesa, and 84-46 Little Neck Parkway, LLC, to withdraw the appeal insofar as taken by them.

Upon the papers filed in support of the motion and the papers filed in relation 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 the branch of the motion which is to substitute Camillo John Pesa, as administrator of the estate of Mario A. Pesa, for the deceased appellant, Mario A. Pesa, is granted and the caption is amended accordingly; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the appeal is deemed withdrawn insofar as taken by the appellants Christopher F. Pesa, Frank Pesa, and 84-46 Little Neck Parkway, LLC.

DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court