| BETTE DAVIS WEHLE V ALFREDA MOROCZKO, AND NICHOLAS MOROCZKO |
| Motion No: CA 16-00937 |
| Slip Opinion No: 2016 NY Slip Op 89810(U) |
| Decided on October 25, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00937
| BETTE DAVIS WEHLE, PLAINTIFF-RESPONDENT, V ALFREDA MOROCZKO,
DEFENDANT AND NICHOLAS MOROCZKO, DEFENDANT-APPELLANT. |
Respondent having moved, pursuant to CPLR 1021, to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 7, 2016, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the amended affidavit of Jon F. Minear, Esq., sworn to October 5, 2016, the statement of Justin S. White, Esq., received October 11, 2016, and the affidavit of Justin S. White, Esq., sworn to October 10, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted, without further order unless a representative of appellant's estate is substituted as a party for appellant on or before January 26, 2017 (see CPLR 1021; Johnson v Trivedi, 41 AD3d 1259), and
It is further ORDERED that the cross motion is dismissed on the ground that the appeal is held in abeyance as stated in this Court's order entered June 21, 2016.
Entered: October 25, 2016
Frances E. Cafarell, Clerk