| Wicks v Visiting Nurse Service of New York |
| Motion No: 2020-04496 |
| Slip Opinion No: 2022 NY Slip Op 75305(U) |
| Decided on December 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
M286285
AFA/
COLLEEN D. DUFFY, J.P.
REINALDO E. RIVERA
LINDA CHRISTOPHER
HELEN VOUTSINAS, JJ.
|
2020-04496 Jeffrey Wicks, etc., respondent, v Visiting Nurse Service of New York, et al., appellants. (Index No. 608803/2016)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Nassau County, dated May 5, 2020.
By order to show cause dated January 21, 2022, the parties were directed to show cause before this Court why the appeals should or should not be dismissed on the ground that the notices of appeal were filed in violation of the statutory stay of proceedings which arose upon the death of James Wicks, on April 12, 2020, and vacating the order as a nullity. Application by the appellant Visiting Nurse Service of New York Home Care II to withdraw its appeal.
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, the appeals are dismissed, without costs or disbursements (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713), and the order is vacated as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181); and it is further,
ORDERED that the application is denied as academic.
DUFFY, J.P., RIVERA, CHRISTOPHER and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court