Appellate Division: Second Judicial Department

M297280

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2022-05693 Midfirst, respondent, v Solomon McKenzie, et al., defendants, Sandra Akesson, etc., et al., appellants (and a third-party action). (Index Nos. 12592/2008, 75206/2010)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 1, 2022. Motion by the appellant Sandra Akesson to vacate the stay that arose upon the death of the appellant Sidney McLaney. By order to show cause dated July 5, 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 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713) which arose upon the death of the deceased appellant, Sidney McLaney, on May 20, 2022, and (2) vacating the order dated June 1, 2022, as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), and appellant's 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 by the appellant is denied as academic.

BRATHWAITE NELSON, J.P., CHAMBERS, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court