| Artale v Leonardi |
| Motion No: 2023-03188 |
| Slip Opinion No: 2023 NY Slip Op 77740(U) |
| Decided on December 6, 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
M292780
AFA/
VALERIE BRATHWAITE NELSON, J.P.
JOSEPH J. MALTESE
HELEN VOUTSINAS
JANICE A. TAYLOR, JJ.
|
2023-03188 Frank Artale, plaintiff-respondent, v Charlene Leonardi, appellant, Thomas Leonardi, etc., defendant-respondent, et al., defendants. (Action No. 1) Thomas Leonardi, etc., plaintiff-respondent, v Charlene Leonardi, appellant, Frank Leonardi, defendant-respondent, et al., defendant. (Action No. 2) (Index Nos. 15714/2012, 8474/2011)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated March 17, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal. Motion by Angela Artale, as executor of the estate of Frank Artale, to be substituted for the deceased respondent Frank Artale and to amend the caption accordingly.
Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Angela Artale and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are denied as academic.
BRATHWAITE NELSON, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court