Second, Eleventh and Thirteenth JudicIal DistrictsCases Released on: July 24, 2019
By: Pesce, P.J., Aliotta, Elliot, JJ.2015-369 Q C. GILBERT LOUZOUN REVOCABLE LIVING TRUST DATED DECEMBER 10, 2009, GILBERT LOUZOUN, TRUSTEE v. ROSTOKER — 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, respondent died. The appeal has been held in abeyance pending the substitution of a personal representative of respondent. 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. It appears that Richard Peskin, Esq., has been appointed as temporary guardian for Philip Rostoker, but no motion to substitute the new guardian has been made. In addition, more than four months have elapsed since notice of the death was given to the court and no proper substitution for respondent has been made.Now, on the court’s own motion, it isORDERED that 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, show cause before this court why an order should or should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect timely substitutions, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before August 14, 2019; and it is further,ORDERED that the Clerk or his designee shall send a copy of this order to show cause to the attorneys for the respective parties, to the attorney who represented the deceased party, and to appellant Philip Rostoker’s new guardian, as presently set forth in the records of the court’s case management database, by regular mail.July 16, 2019
