Appellate Division: Second Judicial Department

M308753

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

ELENA GOLDBERG VELAZQUEZ, JJ.

2021-08406 Norma Knopf, et al., respondents, v Frank M. Esposito, et al., defendants, Dorsey & Whitney, LLP, et al., appellants. (Index No. 150315/2019)

DECISION & ORDER ON MOTION

2021-08406

Norma Knopf, et al., plaintiffs-respondents,

v Frank M. Esposito, et al., defendants,

Dorsey & Whitney, LLP, et al., appellants,

Edward S. Feldman, defendant third-party

plaintiff-respondent; Eric W. Berry, third-

party defendant-respondent.

(Index No. 150315/2019)

Appeals from two orders of the Supreme Court, New York County, dated October 26, 2021, and March 4, 2021, respectively, which were transferred to this Court by an order of the Appellate Division, First Judicial Department, dated November 18, 2021. By order to show cause dated September 3, 2025, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeals on the ground that the notices of appeals were filed in violation of the statutory stay of proceedings which arose upon the death of the respondent Michael Knopf on January 10, 2021, and vacating the orders as nullities.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeals are dismissed, without costs or disbursements, on the ground that the notices of appeals were filed in violation of the statutory stay of proceedings which arose upon the death of the respondent Michael Knopf on January 10, 2021 (see CPLR 1015[a]; 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).

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court