| Alla Agronin v Susanne Zirino |
| Motion No: 2024-00047 QC |
| Slip Opinion No: 2024 NY Slip Op 73526(U) |
| Decided on August 21, 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 2nd, 11th & 13th Judicial Districts
MARINA CORA MUNDY, J.P.
LISA S. OTTLEY
PHILLIP HOM, JJ.
DECISION & ORDER ON MOTION
| Alla Agronin, Appellant, v Susanne Zirino, Respondent. |
Appellant having appealed to this court from a decision of the Civil Court of the City of New York, Queens County, dated November 30, 2023, and this court having been advised by the trial court that appellant Alla Agronin is deceased.
Now, on the court's own motion, it is
ORDERED that the appeal is held in abeyance pending the substitution of a personal representative of the deceased appellant Alla Agronin (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