Appellate Division: Second Judicial Department

M300820

KS/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2020-04008, 2020-04010 U.S. Bank National Association, etc., respondent, v Elizabeth Stachiw, et al., appellants, et al., defendants. (Index No. 700021/2014)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) and an order of the Supreme Court, Queens County, dated February 11, 2020, and September 16, 2019, respectively. Motion by the respondent to dismiss the appeals on the ground that dismissal of two prior appeals for failure to timely perfect precludes review of the issues raised on the appeals pursuant to Bray v Cox (38 NY2d 350). By decision and order on motion of this Court dated January 13, 2021, the motion was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof. Separate motion by the respondent to dismiss the appeals for failure to timely substitute a personal representative for the deceased appellant, George Stachiw, or, in the alternative, to dismiss the appeals on the ground that the order and judgment and the order were superseded by an order of the same court dated March 25, 2024.

Upon the papers filed in support of the motion by the respondent to dismiss the appeals on the ground that dismissal of two prior appeals for failure to timely perfect precludes review of the issues raised on the appeals pursuant to Bray v Cox (38 NY2d 350), and the papers filed in opposition thereto, and upon the papers filed in support of the motion to dismiss the appeals for failure to timely substitute a personal representative for the deceased appellant, George Stachiw, or, in the alternative, to dismiss the appeals on the ground that the order and judgment and the order were superseded by the order dated March 25, 2024, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals for failure to timely substitute a personal representative for the deceased appellant, George Stachiw, is denied (see CPLR 1015[b]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the order and judgment and the order were superseded by the order dated March 25, 2024, is granted and the appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by the respondent to dismiss the appeals on the ground that dismissal of two prior appeals for failure to timely perfect precludes review of the issues raised on the appeals pursuant to Bray v Cox (38 NY2d 350), is denied as academic.

DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court