Opinion
Motion No. 2018-00911 KC
09-15-2022
Alan Levin, Esq., as Guardian for Henrietta Wilson, Respondent, v. Joanne Wilson, Appellant.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J. MICHELLE WESTON CHEREÉ A. BUGGS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 27, 2018. During the pendency of this appeal, Alan Levin, Esq., who had commenced this proceeding as guardian for Henrietta Wilson, was replaced as her guardian. By decision and order of this court dated September 20, 2019, on the court's own motion, this court struck appellant's brief and held the appeal in abeyance pending the substitution, as petitioner-respondent, of the new guardian for Alan Levin, Esq. More than two years having elapsed since notice of the replacement was given to this court and no motion having been made to substitute the new guardian for Alan Levin as petitioner-respondent, it is, on the court's own motion, ORDERED that the parties to the appeal, or their attorneys, 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 November 18, 2022; and it is further, ORDERED that the Clerk or his designee shall send a copy of this order to show cause to Alan Levin, Esq., Joanne Wilson, and Robin N. Goeman, by regular mail.
Pursuant to CPLR 1021, "[a] motion for substitution may be made by the successors or representatives of a party or by any party" (emphasis added).