| DeVega v Silich |
| Motion No: 2008-05602 |
| Slip Opinion No: 2010 NY Slip Op 64894(U) |
| Decided on March 5, 2010 |
| Appellate Division, 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 Division: Second Judicial Department
M99455
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2008-05602 Alfred DeVega, etc., et al., appellants, v Robert Silich, etc., respondent. (Index No. 102481/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated May 14, 2008, pursuant to CPLR 1021 on the ground that no personal representative has been appointed for Baerbel DeVega.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew upon proof of service upon Alfred DeVega, personally, by a method specified in paragraph one, two, four or six of CPLR 2103(b).
RIVERA, J.P., FLORIO, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court