| Bank of America, National Association v Cohen |
| Motion No: 2018-09792 |
| Slip Opinion No: 2022 NY Slip Op 65347(U) |
| Decided on May 2, 2022 |
| 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
M282697
MB/
VALERIE BRATHWAITE NELSON, J.P.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
JOSEPH A. ZAYAS, JJ.
|
2018-09792 Bank of America, National Association, appellant, v Sam M. Cohen, et al., respondents, et al., defendants. (Action No. 1) (Index No. 13464/2009)
| DECISION & ORDER ON MOTION |
2020-07650
Bank of America, National Association,
appellant, v Sam M. Cohen, et al., respondents,
et al., defendants.
(Action No. 2)
(Index No. 13464/2009)
Appeals from two orders of the Supreme Court, Kings County, dated April 4, 2018, and September 3, 2020, respectively. Motion by the respondents, inter alia, in effect, to substitute Susan Cohen Esses, as administrator of the estate of Mollie Cohen, for the deceased respondent Mollie Cohen, to amend the caption accordingly, to lift the stay that arose upon the death of the deceased respondents, Sam M. Cohen and Mollie Cohen, and to enlarge the record to include certain material. By order to show cause dated March 21, 2022, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeals 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 respondents, Sam M. Cohen and Mollie Cohen, and vacating the orders dated April 4, 2018, and September 3, 2020, as nullities.
Now, upon the papers filed in support of the motion and the papers filed in response thereto, and upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeals and vacate the orders dated April 4, 2018, and September 3, 2020, is granted, the appeals are dismissed, without costs or disbursements, and the orders dated April 4, 2018, and September 3, 2020, are vacated as nullities (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 respondents' motion is denied as academic.
BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court