Opinion
Motion No. 2021-00535 Motion No. 2021-00884
05-06-2021
Peter Golia, Plaintiff-Appellant, v. 30 Macombs Place Housing Development Fund Corporation, etc., et al., Defendants-Respondents.
PRESENT: Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Saliann Scarpulla Martin Shulman, Justices. Index No. 655787/16
Case No. 2019-01125
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about September 24, 2018, and said appeal having been perfected,
And plaintiff-appellant having moved for an order vacating the stay of the aforesaid appeal which resulted from death of defendant-respondent Willie L. Brown, and reinstating the appeal to this Court's calendar (M-2021-00535),
And defendants-respondents having cross moved for an order dismissing the appeal pursuant to CPLR 1021 or, in the alternative, directing that any persons interested in the estate of defendant-respondent Brown show cause why the action or appeal should not be dismissed (M-2021-00884),
Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is ordered that plaintiff's motion (M-2021-00535) to reinstate the appeal is denied, without prejudice to renew, upon substitution of a personal representative for the estate of defendant Brown pursuant to CPLR 1015(a), and plaintiff is ordered, sua sponte, in any application to substitute a personal representative for the estate of defendant Brown, to show cause why the appeal should not be dismissed, pursuant to CPLR 1021, for failure to make a timely substitution, and
It is further ordered that the cross motion to dismiss the appeal (M-2021-00884) is denied as untimely. ENTERED: May 06, 2021
/s/
Susanna Molina Rojas
Clerk of the Court