Opinion
Motion No: 2015-00369 QC
01-10-2020
MHA Realty 1, LLC, Respondent, v. Hyman Rostoker and Richard S. Peskin, Esq., as Guardian for Philip Rostoker, Appellants.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered December 12, 2014. During the pendency of the appeal, petitioner Gilbert Louzoun died. The appeal was held in abeyance pending the substitution of a personal representative for Gilbert Louzoun. By decision and order on motion of this court dated March 21, 2019, a motion by MHA Realty 1, LLC, in effect, to be substituted as the respondent on the appeal was denied without prejudice to renewal upon a contemporaneous application to substitute Philip Rostoker's new guardian in the place of Jewish Association Serving the Aging, as it appeared that Richard Peskin, Esq., had been appointed as temporary guardian for Philip Rostoker, but no motion to substitute the new guardian had been made. In addition, more than four months had elapsed since notice of the death was given to the court and no proper substitution for respondent had been made. By order to show cause dated July 16, 2019, appellants or their attorneys, appellant Philip Rostoker's new guardian, and any persons or entities that may have succeeded to respondent's interest, or their attorneys, were directed to show cause why an order should or should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitutions. Separate motion by MHA Realty 1, LLC to be substituted as respondent. Separate application by Richard S. Peskin, Esq., to be substituted for Jewish Association Serving the Aging.
Upon the order to show cause, and upon the papers filed in support of the motion by MHA Realty 1, LLC and the papers filed in support of the application by Richard S. Peskin, Esq., it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the motion by MHA Realty 1, LLC and the application by Richard S. Peskin are granted, and the caption has been amended accordingly.
It is noted that the appeal has been perfected.
PESCE, P.J., taking no part.
ENTER:
Paul Kenny
Chief Clerk
MHA REALTY 1, LLC v ROSTOKER