Appellate Division: Second Judicial Department

M298306

AFA/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2023-10515 Craig Boyce, plaintiff-respondent, v Consolidated Edison Company of New York, Inc., defendant-respondent, JPMorgan Chase Bank, N.A., et al., appellants. (Index No. 704960/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated August 3, 2023. Motion by the appellants to vacate the automatic stay that arose upon the death of the deceased respondent Craig Boyce, to substitute Jason Boyce, as administrator of the estate of Craig Boyce, for the deceased respondent Craig Boyce, and to amend the caption accordingly. By order to show cause dated June 21, 2024, the appellants were directed to show cause before this Court why an order should not be made and entered 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 respondent Craig Boyce, on December 27, 2022, and vacating the order as a nullity, and 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 appellants' motion and no papers having been filed in opposition or in relation thereto , it is

ORDERED that the motion to dismiss the appeal and vacate the order as a nullity is granted, the appeal is dismissed (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 motion by the appellants is denied.

CHAMBERS, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court