In the Matter of the Estate of Eleanor Jaeger Deceased. Phil A. Rodriguez et ; Ruth Long.

Motion No: #507434

Slip Opinion No: 2011 NY Slip Op 72716(U)

Decided on May 13, 2011

Appellate Division, Third 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.

Decided and Entered: May 13, 2011

Case #507434

In the Matter of the Estate of ELEANOR JAEGER, Deceased. PHIL A. RODRIGUEZ et al., Appellants; RUTH LONG, Respondent.

DECISION AND ORDER ON MOTION

Motion to substitute a party and to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, on the ground that a motion for substitution should be made by the successor or representative of a party (see CPLR 1021).
SPAIN, J.P., ROSE, McCARTHY, GARRY and EGAN JR., JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court