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ESTATE OF JEROME SILVERSTEIN, Deceased (00-1273/AB) — Maurice Silverstein, a son of decedent Jerome Silverstein and a distributee of his estate, petitioned to remove his brother, Philip Silverstein, as administrator of their father’s estate. Following a conference held in December, 2018, the court was advised by respondent’s counsel that his client had learned of petitioner’s death. This has since been confirmed to the court by petitioner’s counsel. The death of the petitioner stayed the proceeding, and counsel were advised that the stay would remain in effect until an administrator was appointed FOR petitioner’s estate and was substituted into the proceeding (CPLR §1015). Over three years have since passed, and no substitution has been made. Accordingly, this decision and order shall serve as notice of the court’s intention to dismiss the pending proceeding unless a notice of substitution is filed within 45 days of the date hereof (CPLR §1021). This decision constitutes the order of the court.

The Clerk of the Court is directed to e-mail and mail a a copy of this decision and order to: Robert Goldstein, Esq., at 438 Main Street, Suite 500, Buffalo, NY 14202 and [email protected]; Joseph DePalma, Esq., at J. Kaplan & Associates, PLLC, 60 East 42nd Street, Suite 4600, New York, NY 10165-0006 and jdepalmaQkaplanlawny.com; and Glenn Opell, Esq., at Schram Graber & Opell, PC, 11 Park Place, Suite 1008, New York, NY 10007 and [email protected]. Dated: April 4, 2022

 
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