Mandarino v. Mandarino
Filing 118
OPINION AND ORDER:#97601 there is no evidence that there has ever been a properly-served statement of death in this case that triggered the 90-day period for filing a motion to substitute. As defendants have raised only untimeliness in opposition to plaintiff's motion, their cross-motion for dismissal (Docket # 108) is denied. Nonetheless, the Court will this time deny the motion to substitute (Docket # 102) because there is no evidence in the record that Patricia Mandarino has been appoint ed as representative of plaintiff's estate by an appropriate court. If plaintiff provides proof of the appointment within 30 days, the Court will grant the motion to substitute. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/29/2009) (jmi) Modified on 6/5/2009 (jab). Modified on 6/11/2009 (jmi).
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