| Angelo Ruotolo v Anthony Garzillo |
| Motion No: 2018-00655 KC |
| Slip Opinion No: 2019 NY Slip Op 74273(U) |
| Decided on June 19, 2019 |
| 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
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
| Angelo Ruotolo, Appellant, v Anthony Garzillo, Respondent. |
Appellant having appealed to this court from an order of the Civil Court of the City of New York, Kings County, entered February 23, 2018, and this court having been advised that respondent is deceased,
Now, on the court's own motion, it is,
ORDERED that the appeal is held in abeyance pending the substitution of a personal representative for the deceased respondent Anthony Garzillo (see CPLR 1015, 1021); and it is further,
ORDERED that in the event that substitution is not made within four months from the date of this decision and order on motion, the court, on its own motion, may dismiss the appeal pursuant to CPLR 1021 for failure to effect timely substitution.
ENTER:
Paul Kenny
Chief Clerk