| Matter of Rimmer v Rimmer |
| Motion No: 2013-07618 |
| Slip Opinion No: 2014 NY Slip Op 71129(U) |
| Decided on May 2, 2014 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M173439
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2013-07618 In the Matter of Joseph Rimmer, appellant v Deborah Rimmer, respondent. (Docket No. F-4458-10/13J)
| DECISION & ORDER ON MOTION , |
Appeal by Joseph Rimmer from an order of the Family Court, Nassau County, dated June 11, 2013. Joseph Rimmer died during the pendency of the appeal. The personal representatives of the estate of Joseph Rimmer have not sought leave to be substituted as personal representatives for Joseph Rimmer on the appeal. By order to show cause dated March 10, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the personal representatives of the estate of Joseph Rimmer had not sought leave to be substituted as personal representatives for the deceased appellant, Joseph Rimmer, on the appeal.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 1021).
BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court