| Joel Singh & Jean Sam v Mohamad Budhna & RPO Car & Limousine Serv., Inc. |
| Motion No: 2013-01718 QC |
| Slip Opinion No: 2015 NY Slip Op 92555(U) |
| Decided on November 25, 2015 |
| 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 2nd, 11th & 13th judicial Districts
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Joel Singh and Jean Sam, Respondents, v Mohamad Budhna and RPO Car and Limousine Service, Inc., Appellants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered June 26, 2013. During the pendency of the appeal, respondent Joel Singh 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 October 29, 2015, 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 response thereto by respondent Jean Sam's attorney, it is
ORDERED that the motion is denied on condition that respondent Jean Sam's attorney move in this court to substitute a personal representative within 30 days of the date of this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk