| DeVega v Silich |
| Motion No: 2008-05602 |
| Slip Opinion No: 2010 NY Slip Op 71791(U) |
| Decided on May 18, 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
M102998
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
PLUMMER E. LOTT, 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 the deceased plaintiff 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 unless on or before June 17, 2010, the appellants' provide proof to this court that proceedings have been commenced to substitute a personal representative for Baerbel DeVega.
DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court