| Kornfeld v Kornfeld |
| Motion No: 2020-05697 |
| Slip Opinion No: 2021 NY Slip Op 63481(U) |
| Decided on March 24, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M276262
E/sl
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
PAUL WOOTEN, JJ.
|
2020-05697 Karen Kornfeld, as administrator of the estate of Leo Kornfeld, respondent, v Selma Kornfeld, appellant. (Index No. 3426-2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated June 26, 2020. Motion by the appellant for leave to appeal to this Court from a purported order of the Supreme Court, Suffolk County, dated May 4, 2020, to enlarge the record on the appeal from the order dated June 26, 2020, to include certain material, for a preference in the calendaring of the appeal from the order dated June 26, 2020, or to dismiss the above-entitled action on the ground that the action abated upon the death of Leo Kornfeld. By order to show cause dated February 3, 2021, 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 from the order dated June 26, 2020, on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of Leo Kornfeld, and (2) vacating the order dated June 26, 2020, as a nullity, and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal from the order dated June 26, 2020, and to vacate that order is granted (see CPLR 1015; Matter of Einstoss, 26 NY2d 181; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); and it is further,
ORDERED that the branch of the appellant's motion which is for leave to appeal to this Court from the purported order dated May 4, 2020, is denied; and it is further,
ORDERED that the appellant's motion is otherwise denied as academic.
AUSTIN, J.P., MILLER, LASALLE and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court