Appellate Division: Second Judicial Department

M57895

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2000-11430 Marietta Forcht, appellant, v Leonard Rubin, etc., et al., respondents. (Index No. 11910/91)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated October 3, 2000. During the pendency of the appeal the respondent Leonard Rubin died. By order to show cause dated June 4, 2007, as amended June 8, 2007, the court, on its own motion, directed the parties to the above-entitled appeal, and the persons interested in the estate of the deceased party thereto, to show cause why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to timely effect substitution of the personal representative in the deceased party's stead. Service of the order to show cause by mail was duly made upon the parties to the appeal and upon the attorney who represented the deceased party and the order to show cause was published in the New York Law Journal on June 11, 2007, and on the court's website.

The return date of June 22, 2007, having passed and no papers having been received with respect to the order to show cause, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court