Appellate Division: Second Judicial Department

M140991

E/sl

THOMAS A. DICKERSON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-05541 Clifford Carter, et al., respondents, v Doretha Collins, as administrator of the estate of Mary J. Overton, appellant. (Index No. 27854/06)

DECISION & ORDER ON MOTION

Appeal by Mary J. Overton from an order of the Supreme Court, Kings County, dated April 5, 2011. By order to show cause dated June 4, 2012, the parties to the appeal 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 not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution.

Now, upon the order to show cause, and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, Doretha Collins, as administrator of the estate of Mary J. Overton, is substituted for the deceased appellant, Mary J. Overton, and the caption is amended accordingly; and it is further,

ORDERED that on or before September 18, 2012, the appellant shall either (1) perfect the appeal, (2) retain counsel, provide the name and address of counsel and make an application to enlarge the time to perfect the appeal, or (3) withdraw the appeal; and it is further,

ORDERED that in the event the appellant fails to comply with the foregoing provision, the Court, on its own motion, will dismiss the appeal without further notice; and it is further,

ORDERED that the motion to dismiss the appeal is denied.

DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court