| Carol Marlowe v Bettina Boynton |
| Motion No: 2010-02252 nc |
| Slip Opinion No: 2013 NY Slip Op 74845(U) |
| Decided on May 10, 2013 |
| 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 9th & 10th judicial Districts
HECTOR D. LaSALLE, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
ORDER TO SHOW CAUSE
| Carol Marlowe, Appellant, v Bettina Boynton, Respondent. |
Appeal from a judgment of the District Court of Nassau County, Fourth District, entered May 17, 2010. During the pendency of the appeal, respondent Bettina Boynton died. The appeal has been held in abeyance pending substitution of a personal representative of respondent. More than four months having elapsed since notice of the death was given to the court and no motion having been made to dismiss the appeal or to substitute a personal representative in the deceased party's stead, it is, on the court's own motion,
ORDERED that the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party thereto 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 filing an affidavit or affirmation on that issue with the Clerk of this court on or before July 12, 2013; 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 party, as presently set forth in the records of the court's case management database, by regular mail.
ENTER:
Paul Kenny
Chief Clerk