Appellate Division: Second Judicial Department

M272765

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

LINDA CHRISTOPHER, JJ.

2018-09539, 2018-13764 Nationstar Mortgage, LLC, respondent, v Diane Mandel, as executor of the estate of Neal W. Mandel, appellant, et al., defendants. (Index No. 48302/2009)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated March 27, 2018, and September 5, 2018, respectively. Motion by Diane Mandel, as executor of the estate of the deceased appellant, Neal W. Mandel, to be substituted for the deceased appellant, Neal W. Mandel, on the appeals, to amend the captions accordingly, to deem the notice of appeal from the order dated September 5, 2018, to be timely filed, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a), to vacate the stay of the appeals which arose upon the death of the deceased appellant, Neal W. Mandel, and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to substitute Diane Mandel, as executor of the estate of Neal W. Mandel, for the deceased appellant Neal W. Mandel, is granted, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to vacate the automatic stay is granted; and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal from the order dated September 5, 2018, to be timely filed is granted; and it is further,

ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a), is denied as unnecessary; and it is further,

ORDERED that the appellant's time to perfect the appeals is extended until December 1, 2020, and on or before December 1, 2020, the appellant shall serve the record or appendix and brief and upload digital copies of the record or appendix and brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the record or appendix and brief in accordance with any applicable administrative order or other order to be issued by the Court.

MASTRO, J.P., DILLON, LEVENTHAL and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court