| 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. |
Appellate Division: Second Judicial Department
M285834
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ANGELA G. IANNACCI
LINDA CHRISTOPHER
BARRY E. WARHIT, JJ.
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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