Appellate Division: Second Judicial Department

M309802

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

ELENA GOLDBERG VELAZQUEZ, JJ.

2021-08404 Norma Knopf, individually and as temporary administrator of the estate of Michael Knopf, respondent, 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)

DECISION & ORDER ON MOTION

2021-08406

Norma Knopf, individually and as temporary

administrator of the estate of Michael Knopf,

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

defendants, Dorsey & Whitney, LLP,

et al., appellants (and a third-party action).

(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. By two orders of the Supreme Court, New York County, dated September 19, 2025, and October 1, 2025, respectively, the respondent Norma Knopf was appointed as temporary administrator of the estate of the deceased respondent Michael Knopf, the respondent Norma Knopf, as temporary administrator of the estate of Michael Knopf, was substituted for the deceased respondent Michael Knopf, nunc pro tunc to January 11, 2021, and the caption amended accordingly. Application by the respondent Norma Knopf to substitute Norma Knopf, as the temporary administrator of the estate of Michael Knopf, for the deceased respondent Michael Knopf, to amend the caption accordingly, and to vacate the stay that arose upon the death of the respondent Michael Knopf. Application by the appellant Edward S. Feldman to withdraw his appeal from the order dated March 4, 2021.

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

ORDERED that the motion to dismiss the appeals is denied (see generally Kelly v Fenton, 134 AD3d 768); and it is further,

ORDERED that the application by the respondent Norma Knopf is granted, Norma Knopf, as the temporary administrator of the estate of Michael Knopf, is substituted for the deceased respondent, Michael Knopf, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Michael Knopf is vacated; and it is further,

ORDERED that the application by the appellant Edward S. Feldman to withdraw his appeal from the order dated March 4, 2021, is granted, and the appeal by Edward S. Feldman from the order dated March 4, 2021, is deemed withdrawn.

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

ENTER:

Darrell M. Joseph

Clerk of the Court