Appellate Division: Second Judicial Department

M291465

AFA/

HECTOR D. LASALLE, P.J.

ROBERT J. MILLER

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2020-04163 Kyungmee Min, plaintiff-respondent, v Joseph Sciabarra, et al., defendants-respondents, Yue Sun, et al., appellants. (Index No. 719659/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated May 12, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. By order to show cause dated May 8, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of the defendant-respondent Joseph Sciabarra, on March 24, 2020 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); and (2) vacating the order as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), and the appellants' motion 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 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, the appeal is dismissed, without costs or disbursements, and the order appealed from is vacated as a nullity; and it is further,

ORDERED that the motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal is denied as academic.

LASALLE, P.J., MILLER, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court