| Bank of New York Mellon v Wolfram |
| Motion No: 2020-03500 |
| Slip Opinion No: 2026 NY Slip Op 64790(U) |
| Decided on March 23, 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
M312147
DB/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
CARL J. LANDICINO
SUSAN QUIRK, JJ.
|
2020-03500, 2020-03502, 2021-08585 Bank of New York Mellon, etc., respondent, v John Wolfram, et al., defendants-appellants, et al., defendants; Raymond Wolfram, et. al., nonparties- appellants. (Index No. 606831/2016)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Suffolk County, both dated December 6, 2019, and from an order and judgment (one paper) of the same court dated October 1, 2021. Motion by the respondent pursuant to CPLR 1021 to dismiss the appeals insofar as taken by the deceased appellant Raymond Wolfram for failure to substitute a personal representative for the deceased appellant upon his death on June 17, 2024.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew upon proper papers, including proof of service upon all persons interested in the decedent's estate (see CPLR 1021), unless within 90 days of the date of this decision and order on motion, the former counsel for the deceased appellant Raymond Wolfram files proof via NYSCEF, that proceedings have been commenced to appoint a personal representative for the deceased appellant Raymond Wolfram.
DUFFY, J.P., CHRISTOPHER, LANDICINO and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court