| Emigrant Mortgage Company, Inc. v Public Administrator of Kings Coun |
| Motion No: 2019-03213 |
| Slip Opinion No: 2020 NY Slip Op 64109(U) |
| Decided on February 28, 2020 |
| 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
M269984
kbp/
SHERI S. ROMAN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-03213 Emigrant Mortgage Company, Inc., respondent, v Public Administrator of Kings County, etc., et al., appellants, et al., defendants. (Index No. 33667/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 16, 2019, on the ground that the order was superseded by a subsequent order, or, in the alternative, to dismiss the appeal insofar as purportedly taken on behalf of the estate of Elizabeth Licata. Separate motion by the appellants, inter alia, to hold the appeal in abeyance.
Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to dismiss the appeal insofar as purportedly taken on behalf of the estate of Elizabeth Licata is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the respondent's motion is otherwise denied; and it is further,
ORDERED that the appellants' motion is denied.
ROMAN, J.P., COHEN, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court