| Donlon v DiAmico, a/k/a D'Amico |
| Motion No: 2004-05110 |
| Slip Opinion No: 2006 NYSlipOp 66557(U) |
| Decided on April 4, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37953
O/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
|
2004-05110 Barbara Donlon, a/k/a Barbara T. Donlon, respondent, v Gloria DiAmico, a/k/a Gloria D'Amico, appellant, et al., defendant. (Index No. 6152/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 4, 2004, on the ground that the appellant has abandoned the appeal by failing to seek the appointment of an administrator for the estate of Rudolph Tscherne, and cross motion by the appellant to recalendar the appeal, to direct the respondent to apply for an administrator for the estate, or to dismiss the complaint.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that the appellant make an application in the Surrogate's Court for the appointment of an administrator for the estate of Rudolph Tscherne and to notify this court of the name of the administrator on or before July 3, 2006; and it is further,
ORDERED that the cross motion is denied.
MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court