| 87-10 Operating, LLC v Robert Valdes-clausell |
| Motion No: 2015-02638 QC |
| Slip Opinion No: 2018 NY Slip Op 69330(U) |
| Decided on April 2, 2018 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| 87-10 Operating, LLC, Appellant, v Robert Valdes-Clausell, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered July 10, 2015. During the pendency of the appeal, appellant died. By order to show cause dated February 26, 2018, 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 not be made dismissing the appeal for failure to effect timely substitution.
Upon the order to show cause and the papers submitted by respondent in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 1021).
ENTER:
Paul Kenny
Chief Clerk