| Linda Osborn v Claude Badie & Ottilie Badie |
| Motion No: 2015-00114 WC |
| Slip Opinion No: 2016 NY Slip Op 65172(U) |
| Decided on February 22, 2016 |
| 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
ANTHONY MARANO, P.J.
JERRY GARGUILO
FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
| Linda Osborn, Respondent, v Claude Badie and Ottilie Badie, Appellants. |
Motion by respondent to dismiss an appeal from an order of the Justice Court of the Village of Hastings-On-Hudson, Westchester County, entered July 9, 2014. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 14, 2015. Appellant Claude Badie is deceased. By decision and order on motion of this court dated August 18, 2015, the appeal, and the motion by respondent to dismiss the appeal, were held in abeyance pending a substitution for the deceased appellant. By decision and order on motion dated January 19, 2016, 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 why an order should or should not be made dismissing the appeal for failure to effect timely substitution.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of respondent's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed without prejudice to reinstatement within 90 days upon a motion by a personal representative who has been duly appointed in a proper forum (see CPLR 1021); and it is further,
ORDERED that respondent's motion is denied.
ENTER:
Paul Kenny
Chief Clerk