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Appellate Term, Second Department: March 1, 2023

Decision & Orders on Motions decided between:February 16 & 17, 2023

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Decision & Orders on Motions decided between: February 16, 2023 By: Buggs, J.P., Ottley, Ventura, JJ.

2018-911 K C.      ALAN LEVIN, ESQ., as Guardian for HENRIETTA WILSON v. WILSON — Appeal from an order of the Civil Court of the City of New York, Kings County, dated March 27, 2018. During the pendency of this appeal, Alan Levin, Esq., who had commenced this proceeding as guardian for petitioner-respondent Henrietta Wilson, was replaced as her guardian. By decision and order of this court dated September 15, 2022, on the court’s own motion, the parties to the appeal, or their attorneys, were ordered to show cause why an order should not be made pursuant to CPLR 1021 dismissing the appeal for failure to effect a timely substitution of the new guardian for Alan Levin as petitioner-respondent in this proceeding, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before November 18, 2022. Appellant has submitted responsive papers but has not moved to substitute the new guardian for Alan Levin as petitioner-respondent in this proceeding. Upon the order to show cause and the papers filed by appellant in response thereto, and no papers having been filed by respondent in response thereto, it is ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed. February 16, 2023

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