| Cadlerock Joint Venture Ii, L.P. v Thelma Woollery |
| Motion No: 2006-01250 QC |
| Slip Opinion No: 2007 NYSlipOp 85127(U) |
| Decided on November 20, 2007 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| CADLEROCK JOINT VENTURE II, L.P., Respondent, -against- THELMA WOOLLERY, Appellant. |
DECISION
Motion by respondent to dismiss the appeal for failure of the successors or representatives of deceased appellant to timely have a personal representative substituted pursuant to CPLR 1021 to prosecute appeal is denied.
On the court's own motion, let respondent all other persons interested in the estate of Thelma Woollery show cause before this court at the Ready Day Calendar to be held at Supreme Court, Queens County, 88-11 Sutphin Blvd., Room 68, Jamaica, NY 11435 at 9:30 A.M., on the 12th day of December 2007, why the appeal should not be dismissed on the ground that said appellant Thelma Woollery is now deceased, and no successor or legal representative has been substituted in her place within 4 months of the death of said appellant.