Bank of New York Mellon v Gaston
Motion No: 2022-04535
Slip Opinion No: 2025 NY Slip Op 61393(U)
Decided on January 27, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M302420

KS/

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2022-04535, 2022-08518, 2022-09943,

2023-01192

Bank of New York Mellon, etc., respondent,

v Valerie Gaston, et al., appellants, et al., defendants.

(Index No. 720227/2020)

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Queens County, dated May 12, 2022, August 25, 2022, October 31, 2022, and December 15, 2022, respectively. Motion by Valerie Gaston, as administrator of the estate of James S. Hawkins-El III, to be substituted for the deceased appellant James S. Hawkins-El III, to amend the caption accordingly, and to vacate the stay that arose upon the death of the appellant James S. Hawkins-El III.

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 is granted, Valerie Gaston, as administrator of the estate of James S. Hawkins-El III, is substituted for the deceased appellant James S. Hawkins-El III, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant James S. Hawkins-El III is vacated.

GENOVESI, J.P., BRATHWAITE NELSON, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court