Appellate Division: Second Judicial Department

M151262

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-06215 Ruth Rosenfeld, et al., appellants, v Jerry Beeber, respondent. (Index No. 11600/97)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from a judgment of the Supreme Court, Richmond County, dated July 8, 2004. The plaintiff Ruth Rosenfeld died during the pendency of the appeal. By notice of motion dated January 5, 2011, the respondent moved to dismiss the appeal as untimely taken. By notice of cross motion dated January 20, 2011, the plaintiffs moved to enlarge their time to file opposition to the motion to dismiss the appeal as untimely taken. By order to show cause dated May 21, 2012, the respondent moved to dismiss the appeal for failure to substitute an administrator of the estate of Ruth Rosenfeld for the plaintiff Ruth Rosenfeld. The plaintiffs have not obtained an administrator for the estate of Ruth Rosenfeld.

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

ORDERED that the parties or their attorneys show cause before this Court why an order should or should not be made and entered granting the motion to dismiss the appeal for failure to substitute an administrator of the estate of Ruth Rosenfeld for the plaintiff Ruth Rosenfeld (see CPLR 1021), by filing an affirmation or affidavit on that issue with the Clerk of this Court and serving one copy of the same on each other on or before March 8, 2013; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court