| Wilmington Savings Fund Society, FSB v Estate of Augusto Melendez |
| Motion No: 2022-08695 |
| Slip Opinion No: 2023 NY Slip Op 77165(U) |
| Decided on November 22, 2023 |
| 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
M292440
KS/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2022-08695 Wilmington Savings Fund Society, FSB, etc., respondent, v Estate of Augusto Melendez, etc., appellant, et al., defendants. (Index No. 707858/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated August 26, 2022. Motion by the respondent to substitute its successor-in-interest as the respondent and to amend the caption accordingly. Separate motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.
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 by the respondent to substitute its successor-in-interest as the respondent and to amend the caption accordingly is denied as unnecessary (see CPLR 1018); and it is further,
ORDERED that the motion to dismiss the appeal on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
CONNOLLY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court