| Burdiez v Burdiez |
| Motion No: 2021-00907 |
| Slip Opinion No: 2022 NY Slip Op 60477(U) |
| Decided on January 14, 2022 |
| 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
M280916
E/jr
FRANCESCA E. CONNOLLY, J.P.
ANGELA G. IANNACCI
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2021-00907 Evaristo Burdiez, Sr., et al., appellants, v Evaristo Burdiez, et al., defendants, Flushing Savings Bank, FSB, defendant-respondent, Victor Holliday, nonparty-respondent. (Index No. 524115/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated February 18, 2020. Motion by the nonparty-respondent to dismiss the appeal pursuant to CPLR 1021 for failure to substitute a personal representative for the deceased appellant, Evaristo Burdiez, Sr.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renew, unless within 90 days of the date of this decision and order on motion, the former counsel for the deceased appellant, Evaristo Burdiez, Sr., files proof via email at [email protected] or via regular mail addressed to the Clerk of this Court, that proceedings have been commenced to appoint a personal representative for the deceased appellant, Evaristo Burdiez, Sr.
CONNOLLY, J.P., IANNACCI, WOOTEN and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court