Matter of C. (Anonymous), Michael T., Jr.
Motion No: 2021-02397
Slip Opinion No: 2022 NY Slip Op 74133(U)
Decided on November 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M285834

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2021-02397, 2021-02405

In the Matter of Michael T. C., Jr. (Anonymous).

Aileen A. (Anonymous), appellant;

Alice P. C. (Anonymous), respondent.

(Docket Nos. G-2014-2018, G-2370-2018,

G-2717-2018)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Rockland County, both dated February 8, 2021. The respondent Michael T. C., Sr., died on July 27, 2022. By order to show cause dated September 20, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered lifting any automatic stay in effect and amending the caption on the ground that the appeals as to the respondent Michael T. C., Sr., abated upon his death (see Thomas v Baumeister, 21 NY2d 720; Matter of Rose BB., 246 AD2d 820).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted and the caption is amended pursuant to CPLR 1015(b) to reflect that Michael T. C., Sr., is no longer a respondent.

BRATHWAITE NELSON, J.P., IANNACCI, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court