Apex Rehabilitation and Care Center v Butler
Motion No: 2017-04843
Slip Opinion No: 2024 NY Slip Op 73225(U)
Decided on August 26, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298764

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

HELEN VOUTSINAS, JJ.

2017-04843, 2017-10723

Apex Rehabilitation and Care Center,

respondent, v Lorraine E. Butler, appellant.

(Index No. 61379/2014)

DECISION & ORDER ON MOTION

Appeals by Lorraine E. Butler from two orders of the Supreme Court, Suffolk County, dated March 29, 2017, and August 9, 2017, respectively. By order to show cause dated March 27, 2024, the parties were directed to show cause before this Court why the appeals should or should not be dismissed for failure to substitute a personal representative of the estate of Lorraine E. Butler, for the deceased appellant, Lorraine E. Butler (see CPLR 1021).

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements.

DUFFY, J.P., CHRISTOPHER, WARHIT and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court