On October 17, 2011 a
Order
was filed
involving a dispute between
George Mack Jr,
and
Angelo Rivera,
Pamela Edell,
for Tort
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 04/04/2013 INDEX NO. 700727/2011
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/04/2013
SHORT FORM ORDER
NEW YORK SUPREME COURT - QUEENS COUNTY
Present: HONORABLE AUGUSTUS
Justice
C. AGATE lAS PART 24
-"'''-''="
<.0..>
------------------------------------x '-0
GEORGE MACK, JR., Index No: 700727/11~
Plaintiff,
-against-
Motion
Dated: March 27, -
;h
20"1"3
1..,.9
PAMELA EDELL and ANGELO RIVERA,
w
<..~
m# 1
Defendants.
------------------------------------x
The following papers numbered EF 3 - EF 6 read on this
motion by defendants to dismiss the complaint for failure to make
timely substitution pursuant to CPLR 1021.
Papers
Numbered
Notice of Motion - Affidavits - Exhibits ..... EF 3- EF 6
Upon the foregoing papers, it is ordered that this motion by
defendants is denied without prejudice to renewal for the reason
that all applications to dismiss for failure to make timely
substitution must be made by Order to Show Cause on notice to
"all persons interested in the decedent's estate," which must be
supported in the moving papers. (CPLR 1021; Petty v Meadowbrook
Distrib. Corp., 266 AD2d 88, 89 [1st De 1999].
Date: April 3, 2013
Document Filed Date
April 04, 2013
Case Filing Date
October 17, 2011
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FILED: QUEENS COUNTY CLERK 04/04/2013 INDEX NO. 700727/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/04/2013 SHORT FORM ORDER NEW YORK SUPREME COURT - QUEENS COUNTY Present: HONORABLE AUGUSTUS Justice C. AGATE lAS PART 24 -"'''-''=" <.0..> ------------------------------------x '-0 GEORGE MACK, JR., Index No: 700727/11~ Plaintiff, -against- Motion Dated: March 27, - ;h 20"1"3 1..,.9 PAMELA EDELL and ANGELO RIVERA, w <..~ m# 1 Defendants. ------------------------------------x The following papers numbered EF 3 - EF 6 read on this motion by defendants to dismiss the complaint for failure to make timely substitution pursuant to CPLR 1021. Papers Numbered Notice of Motion - Affidavits - Exhibits ..... EF 3- EF 6 Upon the foregoing papers, it is ordered that this motion by defendants is denied without prejudice to renewal for the reason that all applications to dismiss for failure to make timely substitution must be made by Order to Show Cause on notice to "all persons interested in the decedent's estate," which must be supported in the moving papers. (CPLR 1021; Petty v Meadowbrook Distrib. Corp., 266 AD2d 88, 89 [1st De 1999]. Date: April 3, 2013