Appellate Division: Second Judicial Department

M283538

MB/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2021-05182 JP Morgan Chase Bank National Association, respondent, v Mary Jones, et al., defendants, Prince Home, LLC, appellant. (Index No. 16853/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 27, 2017. Motion by the appellant, inter alia, to vacate three orders of the Supreme Court, Kings County, two dated April 27, 2017, and one dated March 19, 2019, or, in the alternative, to extend the time to perfect the appeal. By order to show cause dated April 8, 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 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713) which arose upon the death of the deceased defendant, Mary Jones, and the appellant's motion was held in abeyance in the interim.

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 and that branch of the appellant's motion which is to vacate the order dated April 27, 2017, under Appellate Division Docket No. 2021-05182, are granted, the appeal is dismissed, without costs or disbursements, and that order 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 otherwise denied.

DUFFY, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court