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OSBORN v. BADIE

2015-114 W C. OSBORN v. BADIE — Motion by appellant Ottilie Badie on an appeal from an order of the Justice Court of the Village of Hastings-On-Hudson, Westchester County, entered July 9, 2014, to dispense with the requirement of substitution for the deceased appellant Claude Badie. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 14, 2015. By decision and order on motion of this court dated August 18, 2015, the appeal, and a motion by respondent to dismiss the appeal, were held in abeyance pending a substitution for the deceased appellant. More than four months has elapsed since notice of the death was given to this court, and no motion has been made to substitute a personal representative in the deceased party's stead.

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2015-114 W C. OSBORN v. BADIE — Motion by appellant Ottilie Badie on an appeal from an order of the Justice Court of the Village of Hastings-On-Hudson, Westchester County, entered July 9, 2014, to dispense with the requirement of substitution for the deceased appellant Claude Badie. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 14, 2015. By decision and order on motion of this court dated August 18, 2015, the appeal, and a motion by respondent to dismiss the appeal, were held in abeyance pending a substitution for the deceased appellant. More than four months has elapsed since notice of the death was given to this court, and no motion has been made to substitute a personal representative in the deceased party’s stead.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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