| Borough Park Cts. Assoc. v Carmen Santos |
| Motion No: 2009-00875 kc |
| Slip Opinion No: 2010 NY Slip Op 79963(U) |
| Decided on August 12, 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.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Borough Park Courts Associates, Respondent, v Carmen Santos, Appellant and "John Doe" and "Jane Doe", Undertenants. |
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. By order to show cause dated June 9, 2010, this court, on its own motion, directed the parties to the above-entitled appeal, and the persons interested in the estate of the deceased party thereto, to show cause why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to timely effect substitution of the personal representative in the deceased party's stead. Service of the order to show cause by mail was duly made upon the parties to the appeal and upon the attorney who represented the deceased party and the order to show cause was published in the New York Law Journal on June 25, 2010.
The return date of August 6, 2010 having passed and no papers having been received with respect to the order to show cause, it is
ORDERED that the motion is granted and the appeal is dismissed.
ENTER:
Paul Kenny
Chief Clerk