| Angelo Ruotolo v Anthony Garzillo |
| Motion No: 2018-00655 KC |
| Slip Opinion No: 2019 NY Slip Op 87196(U) |
| Decided on December 27, 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. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 23, 2018. During the pendency of the appeal, respondent died. By order to show cause dated November 1, 2019, the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party were directed to show cause why an order should not be made 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