Appellate Division: Second Judicial Department

M304193

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2023-02319 In the Matter of Miriam E. Rocah, etc., petitioner-respondent, v Eileen Songer McCarthy, respondent-appellant, et al., respondents. (Index No. 1356/2022)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated January 30, 2023. Motion by the petitioner-respondent to dismiss a portion of the appeal on the ground it has been rendered academic. Motion by Eileen Songer McCarthy pursuant to CPLR 1019 to be substituted as the respondent-appellant in place of Matthew J. Costa in this appeal, and in the underlying proceeding, and to amend the caption accordingly.

Upon the papers filed in support of the motion by the petitioner-respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the respondent-appellant and the papers filed in relation thereto, it is

ORDERED that the motion by the petitioner-respondent is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by Eileen Songer McCarthy is granted to the extent that Eileen Songer McCarthy is substituted as the respondent-appellant in place of Matthew J. Costa on this appeal, and the caption is amended accordingly, and the motion by Eileen Songer McCarthy is otherwise denied, without prejudice to seeking relief in the Supreme Court, Westchester County.

BARROS, J.P., WARHIT, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court