| Alfred Tooma v Claudia Clemente & Maria Clemente |
| Motion No: 2023-00034 KC |
| Slip Opinion No: 2024 NY Slip Op 80742(U) |
| Decided on December 3, 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.
CHEREÉ A. BUGGS
LISA S. OTTLEY, 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 respondent 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. When no such substitution was made, by Decision and Order on Motion dated September 19, 2024, the parties were directed to "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."
Now, upon the order to show cause and the papers filed in opposition thereto, it is
ORDERED that the appeal is dismissed (see CPLR 1021).
Mundy, J.P., taking no part.
ENTER:
Paul Kenny
Chief Clerk