Hoctor v. Polchinski Mem'ls, Inc.

Full title: Claire Hoctor, Appellant, v. Polchinski Memorials, Inc., Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jan 26, 2018

2018 N.Y. Slip Op. 62672 (N.Y. App. Term 2018)

Opinion

Motion No: 2016-02220 WC

01-26-2018

Claire Hoctor, Appellant, v. Polchinski Memorials, Inc., Respondent.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Appellant having appealed to this court from a judgment of the City Court of Peekskill, Westchester County, entered March 30, 2016, and this court has been advised that, during the pendency of the appeal, appellant died,

Now, on the court's own motion, it is

ORDERED that the appeal is held in abeyance pending the substitution of a personal representative for the deceased appellant Claire Hoctor; and it is 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.

ENTER:

Paul Kenny

Chief Clerk