Appellate Division: Second Judicial Department

M57191

E/sl

STEPHEN G. CRANE, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2003-04603 Margie Rogers, administrator of the estate of John Rogers, respondent, v City of New York, et al., appellants. (Index No. 15435/98)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Kings County, dated May 20, 2003. The respondent John Rogers 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 respondents to substitute, Margie Rogers, administrator of the estate of John Rogers, for the deceased respondent John Rogers.

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 Margie Rogers, administrator of the estate of John Rogers, is substituted for the deceased respondent John Rogers, and the caption has been amended accordingly; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until August 30, 2007, and the respondents' brief must be served and filed on or before that date; 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