Appellate Division: Second Judicial Department

M301367

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2024-04706, 2024-04707 New York Community Bank, etc., respondent, v Edward F. Campbell, Jr., et al., appellants, Mary Alice Ruppert, etc., respondent, et al., defendants; James D. Reddy, nonparty-appellant. (Index No. 11291/2007)

DECISION & ORDER ON MOTION

2024-04719

New York Community Bank, etc., respondent,

v Edward F. Campbell, Jr., et al., appellants,

Mary Alice Ruppert, etc., respondent, et al.,

defendants; James D. Reddy, nonparty-respondent.

(Index No. 11291/2007)

Appeals from three orders of the Supreme Court, Suffolk County, dated February 15, 2024 (two orders), and February 20, 2024, respectively. By order to show cause dated August 26, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the notices of appeal were filed in violation of the statutory stay of proceedings which arose upon the suspension of letters testamentary issued to Mary Alice Ruppert, Executor of the Estate of Lucy A. Campbell, on December 23, 2021, and vacating the orders dated February 15, 2024, and February 20, 2024, as nullities.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted, the appeals are dismissed (see CPLR 1015[a]; Stolz v New York Central Rail Road Co., 7 NY2d 269; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713), and the orders are vacated as nullities (see CPLR 1015; Matter of Einstoss, 26 NY2d 181).

DUFFY, J.P., WOOTEN, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court