| Bonanno v Flanagan |
| Motion No: 2015-04232 |
| Slip Opinion No: 2021 NY Slip Op 76324(U) |
| Decided on December 22, 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
M280661
MB/
ROBERT J. MILLER, J.P.
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI
WILLIAM G. FORD, JJ.
|
2015-04232 Maria Philips Bonanno, et al., respondents, v John P. Flanagan, et al., appellants. (Index No. 7489/2005)
| DECISION & ORDER ON MOTION |
Appeal by John P. Flanagan, Erin Flanagan Lazard, Victoria E. Philips, 395 PL Realty, and James Philips from an interlocutory judgment of the Supreme Court, Suffolk County, dated February 27, 2015. The respondent Christine V. Philips died on February 4, 2020. By order to show cause dated October 21, 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 for failure to substitute a personal representative of the estate of Christine V. Philips, for the deceased respondent, Christine V. Philips.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 1021).
MILLER, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court