| EDWARD PRZYBYLEK, AND VICKIE PRZYBYLEK, INDIVIDUALLY AND AS HUSBAND AND WIFE V FLORENCE A. CALLY |
| Motion No: CA 19-01724 |
| Slip Opinion No: 2020 NY Slip Op 68040(U) |
| Decided on June 30, 2020 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-01724
| EDWARD PRZYBYLEK, AND VICKIE PRZYBYLEK, INDIVIDUALLY
AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, V FLORENCE A. CALLY,
DEFENDANT-RESPONDENT. |
Appellants having moved, pursuant to CPLR 5519 (c), for a stay of all proceedings to enforce an order of the Supreme Court, Monroe County, entered September 4, 2019, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal is stayed until a representative of defendant's estate is substituted as a party for defendant (see Matter of Drumm v Shah, 107 AD3d 1476 [4th Dept 2013]; Schraven v Town of Tonawanda, 238 AD2d 952 [4th Dept 1997]).
Entered: June 30, 2020
Mark W. Bennett
Clerk of the Court