Matter of R. (Anonymous), Gil
Motion No: 2021-04644
Slip Opinion No: 2025 NY Slip Op 82990(U)
Decided on December 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

M310182

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

LOURDES M. VENTURA

ELENA GOLDBERG VELAZQUEZ, JJ.

2021-04644

In the Matter of Gil R. (Anonymous), as executor

of the estate of Tamar R. (Anonymous), appellant;

Dan R. (Anonymous), respondent.

(Index No. 708253/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated May 21, 2021. Motion by Gil R., as the executor of the estate of Tamar R., to be substituted for the deceased appellant Tamar R., to amend the caption accordingly, and to vacate the stay that arose upon the death of the appellant Tamar R. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant failed to comply with a decision and order on motion of this Court dated November 23, 2022, or, in the alternative, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, and to impose a sanction on the appellant.

Upon the papers filed in support of the motion by Gil R., as executor of the estate of Tamar R., 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 by Gil R., as executor of the estate of Tamar R. is granted, Gil R., as the executor of the estate of Tamar R. is substituted for the deceased appellant, Tamar R., the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant Tamar R. is vacated; and it is further,

ORDERED that the branch of the motion by the respondent which is to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by the respondent is otherwise denied.

BARROS, J.P., GENOVESI, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court