| Euba v Euba |
| Motion No: 2013-10460 |
| Slip Opinion No: 2017 NY Slip Op 96018(U) |
| Decided on December 19, 2017 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M242504
E/ct
RANDALL T. ENG, P.J.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2013-10460 Eulan Euba, appellant, v Jancie Euba, et al., respondent.
(Index No. 16890/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent Wells Fargo Bank, N.A. pursuant to CPLR 1021 to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 11, 2013, for failure to timely substitute a personal representative for the deceased appellant.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied without prejudice to renewal upon proof of proper service upon the parties as well as all persons interested in the decedent's estate (see CPLR 1021).
ENG, P.J., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court