Appellate Division: Second Judicial Department

M271896

E/afa

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2019-10511 Dennis Chiamulera, respondent, v New Windsor Mall, et al., appellants, et al., defendants. (Index No. 9297/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated June 17, 2019. By order to show cause dated February 27, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as taken by the deceased appellant, Frederick Kass, on the ground that the attorney who filed the notice of appeal for the deceased appellant, Frederick Kass, lacked authority to act on his behalf. Motion by Camo Pollution Control, Inc., to dismiss the appeal insofar as taken against it.

Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeal insofar as taken by the deceased appellant, Frederick Kass, is granted and the appeal insofar as taken by the deceased appellant, Frederick Kass, is dismissed, without costs or disbursements (see Lewis v Kessler, 12 AD3d 421, 422); and it is further,

ORDERED that the motion by the respondent Camo Pollution Control, Inc., is denied as unnecessary in light of the letter from counsel for the appellant New Windsor Mall designating Camo Pollution Control, Inc., as a nonparty to the appeal.

BALKIN, J.P., ROMAN, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court