| Dispensa v Medical Diagnostic Imaging, PLLC |
| Motion No: 2023-08028 |
| Slip Opinion No: 2025 NY Slip Op 67514(U) |
| Decided on April 28, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M304700
AFA/
FRANCESCA E. CONNOLLY, J.P.
HELEN VOUTSINAS
CARL J. LANDICINO
PHILLIP HOM, JJ.
|
2023-08028 Frank Dispensa, et al., respondents, v Medical Diagnostic Imaging, PLLC, et al., appellants. (Index No. 53685/2019)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Dutchess County, dated June 15, 2023. Motion by the respondents for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is dismissed on the ground that it was made in violation of the stay which arose upon the death of the respondent Kathy Dispensa (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713).
CONNOLLY, J.P., VOUTSINAS, LANDICINO and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court