Appellate Division: Second Judicial Department

M73056

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2006-11242 In the Matter of Daniel Bryan, appellant, v Catherine O'Connor, respondent. (Docket No. U-336/88)

DECISION & ORDER ON MOTION

Appeal by Daniel Bryan from an order of the Family Court, Suffolk County, dated October 31, 2006. During the pendency of the appeal the respondent, Catherine O'Connor, died. The appeal has been held in abeyance pending substitution of a personal representative of the respondent. More than four months having elapsed since notice of the death was given to the court and no motion having been made to dismiss the appeal or to substitute a personal representative in the deceased party's stead. By order to show cause dated June 9, 2008, the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party thereto were directed to show cause before this court pursuant to CPLR 1021, why an order should or should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution.

Upon the order to show cause and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 1021).

DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court