| IN THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY, DECEASED. |
| Motion No: CA 20-00973 |
| Slip Opinion No: 2021 NY Slip Op 62599(U) |
| Decided on March 4, 2021 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 20-00973
| IN THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY,
DECEASED. LISA HALBERT, PETITIONER-APPELLANT, JOHN H. SHAY EXECUTOR OF THE ESTATE OF JAMES W. MACKEY, DECEASED,
RESPONDENT-RESPONDENT. (APPEAL NO. 2.) |
Appellant having moved for this Court to reverse its order entered December 11, 2020, dismissing the appeal taken herein from a decree of the Surrogate's Court, Livingston County, entered October 2, 2019, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed, without prejudice, on the grounds that the appeal is currently stayed and that any motion to substitute must be served on a personal representative "in accordance with CPLR article 3" (Horseman Antiques, Inc. v Huch, 50 AD3d 963, 964 [2d Dept 2008]; see Gonzalez v Ford Motor Co., 295 AD2d 474, 475 [2d Dept 2002]).
Entered: March 4, 2021
Mark W. Bennett
Clerk of the Court