Appellate Division: Second Judicial Department

M176008

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-08084 In the Matter of Auto One Insurance Company, respondent, v Sabrieh Hamdam, et al., appellants. (Index No. 25639/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 28, 2011, in effect, for failure to substitute a personal representative for the deceased appellant, Sabrieh Hamdam. By order to show cause dated May 9, 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 grounds that the appellant failed to provide documentation requested by this Court, that the appellant failed to respond to correspondence from this Court, and that a personal representative of the estate of the deceased appellant, Sabrieh Hamdam, had not sought leave to be substituted as personal representative for the deceased appellant, Sabrieh Hamdam, on the appeal, and the respondent's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted, and the appeal is dismissed, without costs or disbursements (see CPLR 1021).

ENG, P.J., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court