Appellate Division: Second Judicial Department

M55498

P/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

In the Matter of the Dismissal of Appeals for failure to effect timely substitution of a deceased party.

ORDER TO SHOW CAUSE

In each of the following listed appeals the court has been notified that a party thereto has died. The appeals have been held in abeyance pending substitution of the personal representative of the deceased party.

Cases in which the appellant has died and no substitution has been made:

1. 2000-05385 Ferrara v Crowley (defendant Joseph Crowley)

2. 2000-09052 Montana v Kreitzer & Vogelman (plaintiff Veronica Montana)

3. 2001-05445 Fore v Hansard (plaintiff Clarita Fore)

4. 2003-05353 Williams v Philip Morris Co (plaintiff Samuel Williams)

5. 2003-11163 Lanari v Brancato (plaintiff Salvatore Lanari)

6. 2004-10804 Smith v Stony Point (plaintiff F.Wilson Smith)

7. 2005-02309 Esteras v City of New York (plaintiff Rafael Esteras)

8. 2005-07242 Natale v Samel (plaintiff John Natale)

9. 2005-10626 Matusewicz v Jo Jo's Auto Sales (plaintiff John Matusewicz)

10. 2005-11541 Benisch v Broy (defendant Timothy Broy)

11. 2006-05526 Rini v Blanck (plaintiff Geraldine Rini)

12. 2006-06416 Quinones v Sorrenti (plaintiff Celeste Quinones)

13. 2006-09228 Gonzalez v County of Suffolk (defendant Ramona Rodriguez)

Cases in which the respondent has died and no substitution has been made:

14. 2000-11430 Forcht v Rubin (defendant Leonard Rubin)

15. 2001-04779 Siedenburg v Staun Snuder, Inc. (plaintiff William Siedenburg)

16. 2003-04603 Rogers v City of New York (plaintiff John Rogers)

17. 2003-10471 Haynia v North Shore-LIJ (plaintiff Anna Haynia)

18. 2003-10665 Metropolitan Property v Celestin (defendant Mary Celestin)

19. 2004-08725 Hollander v Lipman (defendant Harry Lipman)

20. 2005-02217 Sovereign Bank v Kares (defendant Robert Tuckman)

21. 2005-06372 Marino v Rodi (defendant Dorothy Rodi)

22. 2005-07306 Agnew v Cornerstone Baptist (plaintiff James Agnew)

23. 2005-08725 Evans v Evans (defendant Patty Evans)

24. 2005-11971 Pierrera v Cherif (plaintiff Nicholas Pierrera)

25. 2006-01214 Canavan v City of New York (plaintiff Honora Canavan)

26. 2006-02053 Zinnamon v Fairfield Pres Assn (plaintiff Robert Zinnamon)

27. 2006-04132 Matter of Anderson v Gulf Ins (petitioner Essahli Anderson)

Cases in which both the appellant and the respondent have died and no substitution has been made:

28. 2006-09628 Hodzic v Astafovic (plaintiff appellant Alim Hodzic & defendant respondent Esat Astafovic)

More than four months having elapsed since notice of the death was given to the court and no motion having been made to dismiss the appeal or to substitute a personal representative in the deceased party's stead, it is, on the court's own motion,

ORDERED that the parties to each of the said appeals and the persons interested in the estate of the deceased party thereto show cause before this court pursuant to CPLR 1021, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York, 11201, on June 22, 2007, at 9:30 o'clock in the forenoon of that day, why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution; and it is further,

ORDERED that the clerk or his designee shall send a copy of this order to show cause to the attorneys for the respective parties and to the attorney who represented the deceased party, as presently set forth in the records of the court's case management database, by regular mail on or before June 8, 2007; and it is further,

ORDERED that the clerk shall cause this order to be published in the New York Law Journal and on the court's internet site at www.nycourts.gov/courts/ad2/, on or before June 8, 2007.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court