Opinion
No. 2986/2013.
2013-10-21
ONEWEST BANK, FSB, Plaintiff, v. Dale BYAM as Legatee and Devisee of the Estate of Leo Benjamin Byam a/k/a Leo B. Byam-deceased, Gerard Byam as Legatee and Devisee of the Estate of Leo Benjamin Byam a/k/a Leo B. Byam-deceased; Secretary of Housing and Urban development, City of New York Department of Transportation, Parking Violations Bureau, New York State Department of Taxation and Finance–Tax Compliance Division–C.O .-ATC, Internal Revenue Service United States of America, Claire Mullinenu, Defendants.
In addition, the action shall be stayed pending the appointment of a personal representative for the decedent at which time the parties may stipulate or the plaintiff may move to vacate the stay and for leave to amend the summons and complaint to add the personal representative as a necessary party-defendant (see CPLR 1003; MLG Capital Assets, LLC v. Eidelkind Trust, 283 A.D.2d 619 [2d Dept.2001] ).