Appellate Division: Second Judicial Department

M273949

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2017-08810 Jean Barone, etc., appellant, v Gilma Posada Barone, etc., et al., respondents. (Index No. 9162/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated July 19, 2017. By order to show cause dated September 4, 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 on the ground that the attorney who filed the notice of appeal for Frank A. Barone lacked authority to act on his behalf, (2) dismissing the appeal on the ground that the order dated July 19, 2017, was issued without substituting a personal representative for the estate of the deceased appellant, Frank A. Barone, and vacating the order as a nullity, and (3) dismissing the appeal for failure to substitute Nina Barone, personal representative for the estate of the Frank A. Barone, as the personal representative for the estate of the Frank A. Barone.

Upon the papers filed in support of the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted, the appeal is dismissed, and the order dated July 19, 2017, is vacated as a nullity (see CPLR 1015, 1021; Matter of Einstoss, 26 NY2d 181; Lewis v Kessler, 12 AD3d 421, 422).

RIVERA, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court