Trinchese Construction, Inc. v Mayer
Motion No: 2018-05048
Slip Opinion No: 2020 NY Slip Op 73205(U)
Decided on October 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M273364

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-05048

Trinchese Construction, Inc., appellant,

v Richard Mayer, et al., respondents

(and a third-party action).

(Index No. 16431/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 22, 2017. Motion by the appellant to vacate the automatic stay that arose upon the death of the respondent Richard Mayer.

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 motion is denied without prejudice to seeking appointment of a fully qualified personal representative of the estate of Richard Mayer and then seeking substitution of that personal representative in this Court.

CHAMBERS, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court