87-10 Operating, LLC
v.
Valdes-Clausell

Appellate Term of the Supreme Court of the State of New York for the 2nd, 11th & 13th judicial DistrictsApr 2, 2018
2018 N.Y. Slip Op. 69327 (N.Y. App. Div. 2018)

Motion No: 2015-00349 QC

04-02-2018

87-10 Operating, LLC, Respondent, v. Robert Valdes-Clausell, Appellant.


MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered November 21, 2014. During the pendency of the appeal, appellant died. By order to show cause dated February 26, 2018, the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party were directed to show cause before this court why an order should not be made dismissing the appeal for failure to effect timely substitution.

Upon the order to show cause and the papers submitted by respondent in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 1021).

ENTER:

Paul Kenny

Chief Clerk