| Mha Realty 1, LLC v Hyman Rostoker & Richard S. Peskin, Esq., As Guardian for Philip Rostoker |
| Motion No: 2015-00369 QC |
| Slip Opinion No: 2020 NY Slip Op 77035(U) |
| Decided on December 31, 2020 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| MHA Realty 1, LLC, Respondent, v Hyman Rostoker and Richard S. Peskin, Esq., as Guardian for Philip Rostoker, Appellant. |
Motion by Richard S. Peskin, Esq., to be substituted for Jewish Association Serving the Aging on an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered December 12, 2014. During the pendency of the appeal, petitioner Gilbert Louzoun died. The appeal was held in abeyance pending the substitution of a personal representative for Gilbert Louzoun. By decision and order on motion of this court dated March 21, 2019, a motion by MHA Realty 1, LLC, in effect, to be substituted as the respondent on the appeal was denied without prejudice to renewal upon a contemporaneous application to substitute Philip Rostoke's new guardian in the place of Jewish Association Serving the Aging, as it appeared that Richard Peskin, Esq., had been appointed as temporary guardian for Philip Rostoker. By decision and order of this court dated January 10, 2020, a motion by MHA Realty 1, LLC to be substituted as respondent and an application by Richard S. Peskin, Esq., to be substituted for Jewish Association Serving the Aging were granted and the caption was amended accordingly.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk