| Cannone v Cannone |
| Motion No: 2007-09012 |
| Slip Opinion No: 2010 NY Slip Op 76128(U) |
| Decided on July 2, 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
M105194
E/sl
HOWARD MILLER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2007-09012 Joseph Cannone, respondent, v Catherine Cannone, appellant. (Index No. 27665-03)
| DECISION & ORDER ON MOTION |
Appeal by Catherine Cannone from an order of the Supreme Court, Suffolk County, dated July 13, 2007. By order to show cause dated June 2, 2010, 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 of a personal representative for the deceased appellant, Catherine Cannone.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to effect timely substitution of a personal representative for the deceased appellant, Catherine Cannone (see CPLR 1021).
MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court