Appellate Division: Second Judicial Department

M277057

E/sl

CHERYL E. CHAMBERS, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2018-06818 Deutsche Bank National Trust Company, appellant, v Trevor Williams, respondent, et al., defendants. (Index No. 6326/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 17, 2015. Motion by the appellant to substitute Akie Glover, as administrator of the estate of Trevor Williams, for the deceased respondent, Trevor Williams, to amend the caption accordingly, and to lift the stay that arose upon the death of the deceased respondent, Trevor Williams. By order to show cause dated March 22, 2021, the appellant was directed to show cause before this Court why an order 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, Trevor Williams, and vacating the order dated April 17, 2015, as a nullity, and the appellant's motion was held in abeyance in the interim.

Now, upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal and vacate the order dated April 17, 2015, is granted, the appeal is dismissed, without costs or disbursements, and the order dated April 17, 2015, is vacated as a nullity (see CPLR 1015; 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.

CHAMBERS, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court