| Evans v Evans |
| Motion No: 2005-08725 |
| Slip Opinion No: 2007 NYSlipOp 73697(U) |
| Decided on July 16, 2007 |
| 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
M57200
E/sl
STEPHEN G. CRANE, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2005-08725 Melvin Evans, appellant, v Patty Evans, respondent. (Index No. 15766/03)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a judgment of the Supreme Court, Kings County, dated July 14, 2005. The respondent 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.
Upon the court's own motion and upon the papers filed in response thereto, it is
ORDERED that the order to show cause to dismiss the appeal is denied on condition that on or before November 13, 2007, the parties advise the court as to the status of the proceedings to appoint an administrator.
CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court