- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Feb 20 2013 (Date Decided)
- Eng, P.J.; Mastro, Rivera, Skelos and Dillon, JJ.
RUTH ROSENFELD ap, v. JERRY BEEBER, res — Appeal by the plaintiffs from a judgment of the Supreme Court, Richmond County, dated July 8, 2004. The plaintiff Ruth Rosenfeld died during the pendency of the appeal. By notice of motion dated January 5, 2011, the respondent moved to dismiss the appeal as untimely taken. By notice of cross motion dated January 20, 2011, the plaintiffs moved to enlarge their time to file opposition to the motion to dismiss the appeal as untimely taken. By dated May 21, 2012, the respondent moved to dismiss the appeal for failure to substitute an administrator of the estate of Ruth Rosenfeld for the plaintiff Ruth Rosenfeld. The plaintiffs have not obtained an administrator for the estate of Ruth Rosenfeld.