Appellate Division: Second Judicial Department

M58680

S/sl

STEPHEN G. CRANE, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2005-06372 Christine Marino, et al., appellants, v Diane G. Cunningham and Dorothy A. Crisci, as administrators of the estate of Dorothy Rodi, et al., respondents. (Index No. 03-7165)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from a judgment of the Supreme Court, Westchester County, dated June 10, 2005. During the pendency of the appeal the defendant Dorothy Rodi 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.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court