Wells Fargo v Stephen
Motion No: 2024-06215
Slip Opinion No: 2025 NY Slip Op 79047(U)
Decided on October 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M308754

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-06215, 2025-10611

Wells Fargo, respondent, v Diane Stephen,

et al., defendants, Neville Hillocks, et al.,

appellants.

(Index No. 502002/2017)

DECISION & ORDER ON MOTION

Appeals from an order and an order and judgment (one paper) of the Supreme Court, Kings County, both dated September 19, 2023. By order to show cause dated September 5, 2025, the parties to the appeals, Sharon D. Hillocks-Williams as administrator of the estate of Neville Hillocks, and all persons interested in the estate, were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of Neville Hillocks on August 28, 2023, and vacating the order and the order and judgment as nullities.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the appeals are dismissed, without costs or disbursements, on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713) which arose upon the death of Neville Hillocks on August 28, 2023, and the order and the order and judgment 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