Appellate Division: Second Judicial Department

M284964

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2020-05251 Roseanne Monaco, etc., respondent, v Nassau Health Care Corporation, appellant, et al., defendant. (Index No. 608250/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated March 16, 2020. Motion by the appellant to substitute Roseanne Monaco, as executor of the estate of Dominick Monaco, for the deceased respondent Dominick Monaco, to amend the caption accordingly, and to lift the stay that arose upon the death of the deceased respondent Dominick Monaco. By order to show cause dated August 1, 2022, the parties were directed to show cause before this Court why the appeal should or should not be dismissed 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 respondent Dominick Monaco, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 the appellant is denied as academic.

BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court