| Etr, Inc., Doing Bus. As Empire Tax Reductions v Alberto Capone & Lina Capone |
| Motion No: 2022-00365 NC |
| Slip Opinion No: 2024 NY Slip Op 69875(U) |
| Decided on June 18, 2024 |
| 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 9th & 10th Judicial Districts
GRETCHEN WALSH, J.P.
JAMES P. McCORMACK
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| ETR, Inc., Doing Business as Empire Tax Reductions, Appellant, v Alberto Capone and Lina Capone, Respondents. |
Appeal from a judgment of the District Court of Nassau County, Second District, entered April 18, 2022.
On the court's own motion, it is
ORDERED that, this court having been advised that respondent Alberto Capone is deceased, the appeal is held in abeyance pending the substitution of a personal representative of the deceased respondent Alberto Capone (see CPLR 1015, 1021).
In the event substitution is not made within four months from the date of this decision and order on motion, this appeal may be subject to dismissal (see CPLR 1021). "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" (id.).
ENTER:
Paul Kenny
Chief Clerk