| John Manda & Eva Manda v Ivan Badinsky |
| Motion No: 2018-00399 QC |
| Slip Opinion No: 2022 NY Slip Op 61871(U) |
| Decided on February 16, 2022 |
| 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
THOMAS P. ALIOTTA, P.J.
MICHELLE WESTON
CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
| John Manda and Eva Manda, Respondents, v Ivan Badinsky, Appellant, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered December 13, 2017. By decision and order of this court dated May 17, 2021, on the court's own motion, this court ordered the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party thereto, to show cause before this court why an order should not be made pursuant to CPLR 1021, dismissing the appeal for failure to effect a timely substitution by filing an affidavit or affirmation on that issue with the Clerk of this court on or before June 21, 2021. More than eight months have elapsed since the order was issued, and no affidavit or affirmation has been filed.
On the court's own motion it is
ORDERED that the appeal is dismissed (see CPLR 1021).
ENTER:
Paul Kenny
Chief Clerk