| Carol Marlowe v Bettina Boynton |
| Motion No: 2010-02252 NC |
| Slip Opinion No: 2014 NY Slip Op 63654(U) |
| Decided on February 4, 2014 |
| 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
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| 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 has elapsed since notice of the death was given to the court and no motion has been made to substitute a personal representative in the deceased party's stead. By order to show cause dated May 10, 2013, the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party 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.
Upon the order to show cause and the papers filed in relation thereto by appellant's attorney, it is
ORDERED that the motion is granted and the appeal is dismissed.
ENTER:
Paul Kenny
Chief Clerk