| Alfred Tooma v Claudia Clemente & Maria Clemente |
| Motion No: 2023-00034 KC |
| Slip Opinion No: 2024 NY Slip Op 75558(U) |
| Decided on September 19, 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
CHEREÉ A. BUGGS, J.P.
LISA S. OTTLEY
PHILLIP HOM, JJ.
DECISION & ORDER ON MOTION
| Alfred Tooma, Appellant, v Claudia Clemente and Maria Clemente, Respondents. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County, entered October 7, 2022. By Decision and Order on Motion dated April 26, 2023, on the court's own motion, the appeal was "held in abeyance pending the substitution of a personal representative of the deceased appellant Maria Clemente (see CPLR 1015, 1021)." It was further ordered that in the event the substitution was not made within four months, the court may dismiss the appeal pursuant to CPLR 1021 for failure to effect a timely substitution. More than a year has elapsed and no substitution has been effected.
On the court's own motion, it is hereby
ORDERED that the parties to the appeal, or their attorneys, show cause before this court pursuant to CPLR 1021 why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitution by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 17, 2024; and it is further,
ORDERED that the Clerk or his designee shall send a copy of this order to show cause to the attorneys for the respective parties by regular mail.
ENTER:
Paul Kenny
Chief Clerk