| Midfirst v McKenzie |
| Motion No: 2022-05694 |
| Slip Opinion No: 2026 NY Slip Op 62560(U) |
| Decided on February 18, 2026 |
| 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. |
Appellate Division: Second Judicial Department
M311240
DF/
ANGELA G. IANNACCI, J.P.
WILLIAM G. FORD
LOURDES M. VENTURA
SUSAN QUIRK, JJ.
|
2022-05694 Midfirst, respondent, v Solomon McKenzie, et al., defendants, Sandra Akesson, etc., et al, appellants (and a third-party action). (Index No. 12592/2008)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated June 7, 2022. Motion by the appellant Sandra Akesson, inter alia, to vacate the stay that arose upon the death of the appellant Sidney McLaney.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the notice of appeal was filed on July 12, 2022, 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 the deceased appellant Sidney McLaney on May 20, 2022; and it is further,
ORDERED that the motion by the appellant Sandra Akesson is denied as academic.
IANNACCI, J.P., FORD, VENTURA and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court