Appellate Division: Second Judicial Department

M278000

MB/

REINALDO E. RIVERA, J.P.

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER

DEBORAH A. DOWLING, JJ.

2021-00111 Carol Slewett, et al., appellants, v John J. Decicco, etc., respondent. (Index No. 1496/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered July 31, 2015. Motion by Debra Dalessio, as administrator of the estate of Carol Slewett, to be substituted for the deceased appellant Carol Slewett, as administrator of the estate of Franklyn Slewett, to be substituted for the deceased appellant Franklyn Slewett, and to vacate the order entered July 31, 2015. By order to show cause dated May 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 attorney who filed the notice of appeal for the deceased appellants lacked authority to act on their behalf (see Lewis v Kessler, 12 AD3d 421, 422), and (2) dismissing the appeal on the ground that no appeal lies from an order made on default (see CPLR 5511), and the motion by Debra Dalessio was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in opposition and in response thereto, and upon the papers filed in support of the motion by Debra Dalessio and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further.

ORDERED that the motion by Debra Dalessio is denied as academic.

RIVERA, J.P., CONNOLLY, CHRISTOPHER and DOWLING, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court