| Claire Hoctor v Polchinski Mems., Inc. |
| Motion No: 2016-02220 WC |
| Slip Opinion No: 2018 NY Slip Op 80870(U) |
| Decided on August 7, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Claire Hoctor, Appellant, v Polchinski Memorials, Inc., Respondent. |
Appeal from a judgment of the City Court of Peekskill, Westchester County, entered March 30, 2016. During the pendency of the appeal, appellant died. By order to show cause dated June 14, 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 pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution.
Upon the order to show cause and no papers having been filed 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