| Borough Park Cts. Assoc. v Carmen Santos |
| Motion No: 2009-00875 kc |
| Slip Opinion No: 2010 NY Slip Op 74680(U) |
| Decided on June 9, 2010 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
ON MOTION
| ORDER TO SHOW CAUSE Borough Park Courts Associates, Respondent, v Carmen Santos, Appellant, "John Doe" and "Jane Doe", Undertenants. Lower Court # 87370/07 |
Appeal by Carmen Santos from an order of the Civil Court of the City of New York, Kings County, entered May 1, 2009. During the pendency of the appeal, appellant Carmen Santos died. The appeal has been held in abeyance pending substitution of a personal representative of appellant. 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, it is, on the court's own motion,
ORDERED that the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party thereto show cause before this court pursuant to CPLR 1021, why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution by filing an affidavit or affirmation on that issue with the Clerk of this court on or before August 6, 2010; and it is further,
ORDERED that the Clerk or his designee shall send a copy of this order to show cause to the attorneys for the respective parties and to the attorney who represented the deceased party, as presently set forth in the records of the court's case management database, by regular mail.
ENTER:
Paul Kenny
Chief Clerk