Wyndover Woods Apartment, Inc. v. Parks

Full title: Wyndover Woods Apartment, Inc., Respondent, v. Anthony Parks as Executor…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Mar 21, 2017

2017 N.Y. Slip Op. 68887 (N.Y. App. Term 2017)

Opinion

Motion No: 2016-02745 WC

03-21-2017

Wyndover Woods Apartment, Inc., Respondent, v. Anthony Parks as Executor of the Estate of Joel Parks and the Estate of Gertell Parks, Appellant.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order of the Justice Court of the Town of Greenburgh, Westchester County, entered October 21, 2016, and an oral order of the same court made on November 10, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed, the orders are vacated, and the petition is dismissed.

As the record establishes that appellant was not appointed the executor of his father's estate until five months after the proceeding was commenced, the proceeding was a legal nullity from its inception and this court has no jurisdiction to entertain the appeal (see Gorbaty v Brodksy, 142 AD3d 584 [2016]). Accordingly, the appeal is dismissed, the orders are vacated, and the petition is dismissed; and it is further,

ORDERED that appellant's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk