| Barone v Barone |
| Motion No: 2019-01834 |
| Slip Opinion No: 2020 NY Slip Op 71164(U) |
| Decided on September 4, 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
M272768
E/sl
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-01834 Frank A. Barone, plaintiff-appellant, v Gilma Posada Barone, et al., respondents; Law Office of Michael J. Alber, P.C., nonparty-appel (Index No. 9162/2012)
| DECISION & ORDER ON MOTION lant. |
Appeals from an order of the Supreme Court, Queens County, dated January 3, 2019. Motion by the respondents, inter alia, to dismiss the appeal by the plaintiff-appellant for failure to timely perfect and to dismiss the appeal by the nonparty-appellant as untimely taken. Cross motion by the nonparty-appellant to amend the caption and to extend the time to perfect the appeal. By order to show cause dated June 22, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal insofar as taken by the deceased plaintiff-appellant, Frank A. Barone, on the ground that the attorney who filed the notice of appeal for the deceased plaintiff-appellant, Frank A. Barone, lacked authority to act on his behalf, (2) dismissing the appeal insofar as taken by Law Office of Michael J. Alber, P.C., on the ground that it is not aggrieved by the order dated January 3, 2019, and (3) vacating the order as a nullity, and the motion and the cross motion were held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeals and vacate the order dated January 3, 2019, is granted, the appeals are dismissed, without costs or disbursements (see Lewis v Kessler, 12 AD3d 421, 422; CPLR 5511), and the order is vacated (see CPLR 1015; Matter of Einstoss, 26 NY2d 181); and it is further,
ORDERED that the motion and the cross motion are denied as academic.
SCHEINKMAN, P.J., BALKIN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court