Opinion
Motion No. 2022-08695 Index No. 707858/2016
11-22-2023
Wilmington Savings Fund Society, FSB, etc., respondent, v. Estate of Augusto Melendez, etc., appellant, et al., defendants.
Unpublished Opinion
MOTION DECISION
FRANCESCA E. CONNOLLY, J.P. ROBERT J. MILLER DEBORAH A. DOWLING CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, dated August 26, 2022. Motion by the respondent to substitute its successor-in-interest as the respondent and to amend the caption accordingly. Separate motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.
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 the motion by the respondent to substitute its successor-in-interest as the respondent and to amend the caption accordingly is denied as unnecessary (see CPLR 1018); and it is further, ORDERED that the motion to dismiss the appeal on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
CONNOLLY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.