Appellate Division: Second Judicial Department

M145553

S/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

PLUMMER E. LOTT, 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 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 defendant 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. By decision and order on motion of this Court dated July 23, 2012, the motion to dismiss the appeal was denied, Doretha Collins, as administrator of the estate of Mary J. Overton, was substituted for the deceased appellant, Mary J. Overton, and on or before September 18, 2012, the appellant was directed to 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, or the appeal would be dismissed without further notice. The appellant has not complied with the decision and order on motion of this Court dated July 23, 2012.

Now, upon the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

MASTRO, J.P., RIVERA, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court