Appellate Division: Second Judicial Department

M284554

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2021-03446 Wells Fargo Bank, appellant, v Felipe Wasersztrom, respondent, et al., defendants. (Index No. 5112/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 24, 2019. Application by Teresa Wasersztrom, as administrator of the estate of Felipe Wasersztrom, to be substituted for the deceased respondent, Felipe Wasersztrom, and to amend the caption accordingly. By order to show cause dated June 3, 2022, the parties were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of the deceased respondent, Felipe Wasersztrom, and the application 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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); and it is further,

ORDERED that the application is denied as academic.

BRATHWAITE NELSON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court