From Casetext: Smarter Legal Research

In re Mackey

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2021
2021 N.Y. Slip Op. 62599 (N.Y. App. Div. 2021)

Opinion

CA 20-00973

03-04-2021

IN THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY, DECEASED. LISA HALBERT, PETITIONER-APPELLANT, JOHN H. SHAY EXECUTOR OF THE ESTATE OF JAMES W. MACKEY, DECEASED, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)


PRESENT:

Appellant having moved for this Court to reverse its order entered December 11, 2020, dismissing the appeal taken herein from a decree of the Surrogate's Court, Livingston County, entered October 2, 2019, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed, without prejudice, on the grounds that the appeal is currently stayed and that any motion to substitute must be served on a personal representative "in accordance with CPLR article 3" (Horseman Antiques, Inc. v Huch, 50 AD3d 963, 964 [2d Dept 2008]; see Gonzalez v Ford Motor Co., 295 AD2d 474, 475 [2d Dept 2002]).

Entered: March 4, 2021

Mark W. Bennett

Clerk of the Court


Summaries of

In re Mackey

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2021
2021 N.Y. Slip Op. 62599 (N.Y. App. Div. 2021)
Case details for

In re Mackey

Case Details

Full title:IN THE MATTER OF PROBATE OF THE WILL OF JAMES W. MACKEY, DECEASED. LISA…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 4, 2021

Citations

2021 N.Y. Slip Op. 62599 (N.Y. App. Div. 2021)