Opinion
2022-61871 Motion 2018-00399 QC
02-16-2022
John Manda and Eva Manda, Respondents, v. Ivan Badinsky, Appellant, et al., Undertenants.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J. MICHELLE WESTON, CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Queens County, entered December 13, 2017. By decision and order of this court dated May 17, 2021, on the court's own motion, this court ordered the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party thereto, to show cause before this court why an order should not be made pursuant to CPLR 1021, dismissing the appeal for failure to effect a timely substitution by filing an affidavit or affirmation on that issue with the Clerk of this court on or before June 21, 2021. More than eight 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).