Appellate Division: Second Judicial Department

M302462

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

HELEN VOUTSINAS

DONNA-MARIE E. GOLIA, JJ.

2023-08537 Project Guardianship, etc., appellant, v Robert T. Anker, etc., respondent. (Index No. 516859/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 14, 2023. Motion by the appellant to vacate the automatic stay that arose upon the death of the deceased respondent, Robert T. Anker, to substitute Jennifer Marshall, as executor of the estate of Robert T. Anker, for the deceased respondent, Robert T. Anker, and to amend the caption accordingly. By order to show cause dated October 25, 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 which arose upon the death of the respondent, Robert T. Anker, on August 2, 2023 (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713), and the motion by the appellant 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 the motion by the appellant and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713), without costs or disbursements; and it is further,

ORDERED that the motion by the appellant is denied as academic.

DUFFY, J.P., MILLER, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court