of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

JERRY GARGUILO

FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

Motion by appellant Ottilie Badie on an appeal from an order of the Justice Court of the Village of Hastings-On-Hudson, Westchester County, entered July 9, 2014, to dispense with the requirement of substitution for the deceased appellant Claude Badie. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 14, 2015. By decision and order on motion of this court dated August 18, 2015, the appeal, and a motion by respondent to dismiss the appeal, were held in abeyance pending a substitution for the deceased appellant. More than four months has elapsed since notice of the death was given to this court, and no motion has been made to substitute a personal representative in the deceased party's stead.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that appellant's motion is denied; and it is further,

ORDERED, on the court's own motion, 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 or 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 February 8, 2016; 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 by regular mail.

ENTER:

Paul Kenny

Chief Clerk