| Shplurb Realty Corp. v Hilda Ziemba |
| Motion No: 2011-01596 qc |
| Slip Opinion No: 2011 NY Slip Op 86970(U) |
| Decided on October 14, 2011 |
| 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
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Shplurb Realty Corp., Appellant, v Hilda Ziemba, Respondent, and Robert Jeandeville, Undertenant. |
Motion by appellant, in effect, for leave to renew its prior motion for, among other things, an extension of time to file a notice of appeal from an order of the Civil Court of the City of New York, Queens County, entered October 23, 2009, which was determined by a decision and order of this court dated July 18, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
The motion papers reveal that respondent Hilda Ziemba is deceased, and the moving papers were not served upon a representative of her estate. Moreover, there is no indication in the motion papers that there has been a proper substitution for the deceased respondent (see CPLR 1015, 1021).
ENTER:
Paul Kenny
Chief Clerk