| Alfred Tooma v Claudia Clemente & Maria Clemente |
| Motion No: 2022-00899 KC |
| Slip Opinion No: 2023 NY Slip Op 66357(U) |
| Decided on April 26, 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
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
| Alfred Tooma, Respondent, v Claudia Clemente and Maria Clemente, Appellants. |
Motion by appellant Claudia Clemente for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County entered October 7, 2022.
Upon the papers filed in support of the motion, it is
ORDERED, on the court's own motion, that, this court having been advised that appellant Maria Clemente is deceased, the motion and the appeal are held in abeyance pending the substitution of a personal representative of the deceased appellant Maria Clemente (see CPLR 1015, 1021); and it is further,
ORDERED that in the event 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.
"A motion for substitution may be made by the successors or representatives of a party or by any party" and "may be made in either the court from or to which an appeal could be or is taken, or the court of original instance" (CPLR 1021).
ENTER:
Paul Kenny
Chief Clerk