Appellate Division: Second Judicial Department

M154113

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SYLVIA HINDS-RADIX, 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. By decision and order on motion of this Court dated February 11, 2013, the parties or their attorneys were directed to 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.

Now, upon the orders to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the order to show cause of this Court and motion to dismiss the appeal for failure to substitute an administrator are granted, and the appeal is dismissed, without costs or disbursements, (see CPLR 1021); and it is further,

ORDERED that the respondent's motion and the cross motion are denied as academic.

DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court