| Nowak v Town of North Hempstead |
| Motion No: 2018-11716 |
| Slip Opinion No: 2019 NY Slip Op 84280(U) |
| Decided on November 15, 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
M267425
kbp/
JOHN M. LEVENTHAL, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
VALERIE BRATHWAITE NELSON, JJ.
|
2018-11716 Sandra Nowak, appellant, v Town of North Hempstead, et al., defendants, Ventura Marina Management Corporation, et al., respondents. (Index No. 606880/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent Ventura Marina Management Corporation to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 27, 2018, for failure to substitute a personal representative for the deceased appellant, Sandra Nowak. Separate motion by the respondent Sweet Treats on the Wharf, Inc., inter alia, to dismiss the appeal for failure to substitute a personal representative for the deceased appellant.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the respondent Ventura Marina Management Corporation and the branch of the motion by the respondent Sweet Treats on the Wharf, Inc., which is to dismiss the appeal for failure to substitute a personal representative for the deceased appellant are granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion by the respondent Sweet Treats on the Wharf, Inc., is otherwise denied as academic.
LEVENTHAL, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court