Appellate Division: Second Judicial Department

M298896

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2023-02841 Jonathan Baltzer, appellant, v Westchester Medical Center, et al., respondents. (Index No. 65456/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated November 30, 2021. By order to show cause dated March 27, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no order of the Supreme Court, Westchester County, dated November 30, 2021, was issued in the above-entitled matter. Motion by Monika Schreiner, as executor of the estate of Jonathan Baltzer, to be substituted for the deceased appellant Jonathan Baltzer, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased appellant Jonathan Baltzer. By order to show cause dated March 27, 2024, the parties were directed to show cause before this Court why the appeal should or should not be dismissed 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 Jonathan Baltzer, and the motion by Monika Schreiner was held in abeyance in the interim.

Now, upon the order to show cause to dismiss the appeal on the ground that no order of the Supreme Court, Westchester County, dated November 30, 2021, was issued in the above-entitled matter, and the motion by Moniker Schreiner, and no papers having been filed in response thereto, and upon order to show cause to dismiss the appeal on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings, and the papers filed in response thereto, it is

ORDERED that the motion to dismiss 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 Jonathan Baltzer is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal on the ground that no order of the Supreme Court, Westchester County, dated November 30, 2021, was issued in the above-entitled matter and the motion by Moniker Schreiner are denied as academic.

DILLON, J.P., MILLER, FORD and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court