It has been six years since the accident, five years since the commencement of the action, and four years since the death of the plaintiff. No representative has been substituted, despite numerous attempts over the last three years, by plaintiff's attorney, to have plaintiff's father appoint a representative. Accordingly, since substitution has not been made "within a reasonable time," defendant's motion to dismiss pursuant to CPLR 1021 should have been granted.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.