| Oates, administrator of the estate of Hlinka v City of New York |
| Motion No: 2020-06014 |
| Slip Opinion No: 2021 NY Slip Op 65295(U) |
| Decided on April 28, 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
M276849
E/sl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2020-06014 Robert Oates, as administrator of the estate of Irene Hlinka, respondent, v City of New York, defendant, Sean Mohan, appellant. (Index No. 23332/2008)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated June 2, 2020. By order to show cause dated March 19, 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 on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of the deceased respondent, Irene Hlinka, and (2) vacating the order dated June 2, 2020, as a nullity. Motion by the appellant to cancel the sale of the subject premises, and to enjoin execution of a certain judgment of the same court, pending hearing and determination of the appeal.
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 the papers filed in opposition thereto, it is
ORDERED that the motion, inter alia, to dismiss the appeal is granted, the appeal is dismissed, and the order dated June 2, 2020, is vacated (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713; Matter of Einstoss, 26 NY2d 181); and it is further,
ORDERED that the appellant's motion is denied as academic.
MASTRO, A.P.J., RIVERA, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court