| Halleran v Narula |
| Motion No: 2005-02034 |
| Slip Opinion No: 2006 NYSlipOp 76833(U) |
| Decided on September 29, 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
M44970
E/nl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-02034
Debra A. Halleran, et al., appellants, v Geeta Narula, etc., et al., respondents. (Index No. 5148/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent Geeta Narula to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2005, pursuant to CPLR 1021 for failure to substitute a representative for deceased respondent Abdallah Misrick.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied with leave to renew, unless, on or before December 4, 2006, the appellants submit to this court an affidavit stating that they have either made an application in the Supreme Court, Nassau County, pursuant to CPLR 1021 or filed a petition in Surrogate's Court, Nassau County, to appoint a personal representative for the deceased respondent Abdallah Misrick. This affidavit shall also be served upon the respondents.
PRUDENTI, P.J., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court