Appellate Division: Second Judicial Department

M305875

AFA/

ROBERT J. MILLER, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

HELEN VOUTSINAS, JJ.

2020-03982, 2020-05644 Joseph Onorato, etc., respondent, v Michael C. Bruck, et al., appellants. (Index No. 615650/2018)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated May 1, 2020, and a judgment of the same court entered June 26, 2020. Motion by the appellants Elena Maydan, Rebecca Chusid, and Carolyn A. Willis, pursuant to CPLR 1015 and 1021 to dismiss the appeals insofar as taken by the deceased appellant Michael C. Bruck for failure to substitute a personal representative for the deceased appellant upon his death on January 15, 2023. Motion by the respondent for leave to reargue a prior motion which was determined by decision and order on motion of this Court dated September 2, 2022, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated September 2, 2022.

Upon the papers filed in support of the motion by the appellants Elena Maydan, Rebecca Chusid, and Carolyn A. Willis, 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 and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellants Elena Maydan, Rebecca Chusid, and Carolyn A. Willis, is granted, the appeal insofar as taken by the deceased appellant Michael C. Bruck is dismissed, without costs and disbursements (see CPLR 1021), the deceased appellant's appearance is stricken from the briefs previously filed on his behalf, and the caption is amended accordingly; and it is further,

ORDERED that the motion by the respondent is denied.

MILLER, J.P., CHRISTOPHER, WARHIT and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court