| Oates, administrator of the estate of Hlinka v City of New York |
| Motion No: 2021-01759 |
| Slip Opinion No: 2021 NY Slip Op 65296(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
M276850
E/sl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2021-01759 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 a judgment of the Supreme Court, Queens County, entered May 15, 2012. 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 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. Motion by the appellant, inter alia, to cancel the sale of the subject premises, and to stay enforcement of the judgment 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 to dismiss the appeal is granted and the appeal is dismissed (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); 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