| Hodzic v Astafovic |
| Motion No: 2006-09628 |
| Slip Opinion No: 2007 NYSlipOp 73699(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
M57188
E/sl
STEPHEN G. CRANE, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2006-09628 Alim Hodzic, appellant, v Esat Astafovic, et al., respondents. (Index No. 2637/03)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a decision of the Supreme Court, Kings County, dated August 24, 2006. The appellant and the respondent Esat Astafovic died during the pendency of the appeal and no substitutions have 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 parties 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the order to show cause to dismiss the appeal is denied as academic.
CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court