| Euba v Euba |
| Motion No: 2013-10460 |
| Slip Opinion No: 2018 NY Slip Op 65617(U) |
| Decided on March 1, 2018 |
| 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
M246916
E/afa
RUTH C. BALKIN, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2013-10460 Eulan Euba, appellant, v Jancie Euba, et al., respondents.
(Index No. 16890/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent Wells Fargo Bank, N.A., on an appeal from an order of the Supreme Court, Kings County, dated October 11, 2013, for leave to reargue its prior motion pursuant to CPLR 1021 to dismiss for failure to timely substitute a personal representative for the deceased appellant, which was determined by decision and order on motion of this Court dated December 19, 2017.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the decision and order on motion of this Court dated December 19, 2017, is recalled and vacated, and, upon reargument, the motion by the respondent Wells Fargo Bank, N.A., for leave to reargue its prior motion pursuant to CPLR 1021 to dismiss for failure to timely substitute a personal representative for the deceased appellant is granted (see CPLR 1021).
BALKIN, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court