| Schermerhorn L.P. v Eduardo Nisvis |
| Motion No: 2024-00027 KC |
| Slip Opinion No: 2025 NY Slip Op 62396(U) |
| Decided on February 7, 2025 |
| 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
| Schermerhorn L.P., Appellant, v Eduardo Nisvis, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, dated November 13, 2023. Upon being notified that respondent Eduardo Nisvis had passed away, by decision and order of this court dated May 10, 2024, on the court's own motion, this court held the appeal in abeyance pending the substitution of a personal representative for the deceased respondent Eduardo Nisvis (see CPLR 1015, 1021). This court further ordered that in the event that 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.
More than six months have elapsed since the order was issued, and no affidavit or affirmation has been filed.
On the court's own motion it is
ORDERED that the appeal is dismissed (see CPLR 1021).
Mundy, J.P., taking no part.
ENTER:
Paul Kenny
Chief Clerk