2558-2559-2560. JULIA VELEZ plf-ap, v. NEW YORK PRESBYTERIAN HOSPITAL def-res, MEMORIAL SLOAN KETTERING CANCER CENTER, def Silver & Kelmachter, LLP, New York (Leslie D. Kelmachter of counsel), for ap Martin Clearwater & Bell LLP, New York (Barbara D. Goldberg of counsel), for New York Presbyterian Hospital, res Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for Ralph Lauren Center for Cancer Care and Prevention, res Order, Supreme Court, New York County (Martin Shulman, J.), entered August 4, 2014, which denied plaintiff Cortorreal’s motion to substitute himself, as administrator of the estate of Julia Velez, as plaintiff in the decedent’s place, and granted defendants New York Presbyterian Hospital’s and Ralph Lauren Center for Cancer Care and Prevention’s cross motions to dismiss the action as against them, unanimously reversed, on the law and the facts, without costs, the substitution motion granted, the motions to dismiss denied, and the complaint reinstated as against defendantsrespondents. Appeals from orders, same court and Justice, entered February 27, 2015 and October 7, 2015, unanimously dismissed, without costs, as academic.
Julia Velez died after the commencement of this medical malpractice action by herself and her husband, plaintiff Cortorreal. Cortorreal applied for letters of administration in December 2012, but his original attorneys failed to file a notice of application for letters of administration until January 2014; letters of administration were issued that month, about 21 months after the decedent’s death. Cortorreal then moved pursuant to CPLR 1015 to be substituted for Velez as plaintiff, and defendants cross-moved to dismiss the complaint, pursuant to CPLR 1021, for failure to timely substitute.
