Opinion
2021-76324 Index 7489/2005
12-22-2021
Unpublished Opinion
MOTION DECISION
ROBERT J. MILLER, J.P., VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeal by John P. Flanagan, Erin Flanagan Lazard, Victoria E. Philips, 395 PL Realty, and James Philips from an interlocutory judgment of the Supreme Court, Suffolk County, dated February 27, 2015. The respondent Christine V. Philips died on February 4, 2020. By order to show cause dated October 21, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to substitute a personal representative of the estate of Christine V. Philips, for the deceased respondent, Christine V. Philips.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 1021).
MILLER, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.