Appellate Division: Second Judicial Department

M57189

E/sl

STEPHEN G. CRANE, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2005-02309 Antonia Cabellero, administrator of the estate of Rafael Esteras, appellant, v City of New York, et al., respondents. (Index No. 5460/03)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated November 17, 2004. The appellant died during the pendency of the appeal and no substitution has been made. By order to show cause dated June 4, 2007, as amended June 8, 2007, the parties to the appeal and the persons interested in the estate of the deceased party thereto were directed to show cause why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution. Application by the appellant to substitute, Antonia Caballero, administrator of the estate of Rafael Esteras, for the deceased plaintiff, Rafael Esteras.

Upon the court's own motion and upon the papers filed in response thereto, and upon the application, it is

ORDERED that the application is granted and Antonia Caballero, administrator of the estate of Rafael Esteras, is substituted for the deceased plaintiff, Rafael Esteras, and the caption has been amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 15, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents' brief, if any, shall be served and filed on or before November 19, 2007; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before December 4, 2007; and it is further,

ORDERED that the order to show cause to dismiss the appeal is denied.

CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court