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OSBORN v. BADIE

2015-114 W C. OSBORN v. BADIE — Motion by respondent to dismiss an appeal from an order of the Justice Court of the Village of Hastings-On-Hudson, Westchester County, entered July 9, 2014. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 14, 2015. Appellant Claude Badie is deceased. By decision and order on motion of this court dated August 18, 2015, the appeal, and the motion by respondent to dismiss the appeal, were held in abeyance pending a substitution for the deceased appellant. By decision and order on motion dated January 19, 2016, the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party were directed to show cause before this court why an order should or should not be made dismissing the appeal for failure to effect timely substitution.

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2015-114 W C. OSBORN v. BADIE — Motion by respondent to dismiss an appeal from an order of the Justice Court of the Village of Hastings-On-Hudson, Westchester County, entered July 9, 2014. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 14, 2015. Appellant Claude Badie is deceased. By decision and order on motion of this court dated August 18, 2015, the appeal, and the motion by respondent to dismiss the appeal, were held in abeyance pending a substitution for the deceased appellant. By decision and order on motion dated January 19, 2016, the parties to the appeal, or their attorneys, and the persons interested in the estate of the deceased party were directed to show cause before this court why an order should or should not be made dismissing the appeal for failure to effect timely substitution.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of respondent’s motion and the papers filed in opposition thereto, it is

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