| Alan Levin, Esq., As Guardian for Henrietta Wilson v Joanne Wilson |
| Motion No: 2018-00911 KC |
| Slip Opinion No: 2023 NY Slip Op 62358(U) |
| Decided on February 16, 2023 |
| 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
CHEREÉ A. BUGGS, J.P.
LISA S. OTTLEY
LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
| Alan Levin, Esq., as Guardian for Henrietta Wilson, Respondent, v Joanne Wilson, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, dated March 27, 2018. During the pendency of this appeal, Alan Levin, Esq., who had commenced this proceeding as guardian for petitioner-respondent Henrietta Wilson, was replaced as her guardian. By decision and order of this court dated September 15, 2022, on the court's own motion, the parties to the appeal, or their attorneys, were ordered to show cause why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect a timely substitution of the new guardian for Alan Levin as petitioner-respondent in this proceeding, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before November 18, 2022.
Appellant has submitted responsive papers but has not moved to substitute the new guardian for Alan Levin as petitioner-respondent in this proceeding.
Upon the order to show cause and the papers filed by appellant in response thereto, and no papers having been filed by respondent in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed.
ENTER:
Paul Kenny
Chief Clerk