| Joseph & Belle Miranda v Smyrna Bldg. Corp., Nasser Yaghoobzadeh & Victor Freudman |
| Motion No: 2011-01986 ric |
| Slip Opinion No: 2012 NY Slip Op 66867(U) |
| Decided on March 2, 2012 |
| 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.
ORDER TO SHOW CAUSE
| Joseph and Belle Miranda, Respondents, v Smyrna Building Corp., Nasser Yaghoobzadeh and Victor Freudman, Appellants. |
Appeals from a decision of the Civil Court of the City of New York, Richmond County, dated March 10, 2010 and from a judgment of the same court entered March 15, 2011. During the pendency of the appeals, respondents Joseph Miranda and Belle Miranda died. The appeals have been held in abeyance pending substitution of a personal representative of respondents. More than four months having elapsed since notice of the deaths was given to the court and no motion having been made to dismiss the appeals or to substitute a personal representative in the deceased parties' stead, it is, on the court's own motion,
ORDERED that the parties to the appeals, or their attorneys, and the persons interested in the estate of the deceased parties thereto show cause before this court pursuant to CPLR 1021, why an order should not be made pursuant to CPLR 1021 dismissing the appeals for failure to effect timely substitution by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 28, 2012; 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 parties, as presently set forth in the records of the court's case management database, by regular mail.
ENTER:
Paul Kenny
Chief Clerk