JPMorgan Chase Bank, National Association v Dugan
Motion No: 2017-04437
Slip Opinion No: 2020 NY Slip Op 76337(U)
Decided on December 18, 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

M274600

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-04437

JPMorgan Chase Bank, National Association,

respondent, v Rachel Dugan, as administrator of the

estate of Todd M. Dugan, appellant, et al.,

defendants.

(Index No. 8516/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated February 2, 2017. Motion by the respondent, in effect, to substitute Rachel Dugan, as administrator of the estate of Todd M. Dugan, for the deceased appellant Todd Dugan, to amend the caption accordingly, to vacate the automatic stay of proceedings arising from the death of the deceased appellant Todd Dugan, and to dismiss the appeal on the ground that it has been rendered academic.

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 granted, Rachel Dugan, as administrator of the estate of Todd M. Dugan, is substituted for the deceased appellant Todd Dugan, the caption is amended accordingly, the automatic stay of proceedings is vacated, and the appeal is dismissed, without costs or disbursements.

DILLON, J.P., CHAMBERS, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court