USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED ANTHONY CASTILLO, DOC #: __ DATE FILED: 8/26/2021 Plaintiff, -against- 21 Civ. 1520 (AT) CITY OF NEW YORK, WALTER RIVERA, NIEL O’DONNELL, AND JOHN OR JANE DOE ORDER 1-10, Defendants. ANALISA TORRES, District Judge: On April 30, 2021, Defendants Rivera and O’Donnell filed a suggestion of death of Plaintiff on the record, with service on Plaintiff's attorney via ECF. ECF No. 12; see also ECF No. 13. Under Federal Rule of Civil Procedure 25(a)(1), after a party files a suggestion of death on the record, a party or the decedent’s successor or estate must file a motion to substitute within 90 days of the suggestion of death, or the Court “must” dismiss the action. Fed. R. Civ. P. 25(a)(1); Martin v. NYC Crane Hoist & Rigging, LLC, No. 19 Civ. 3789,

, at *2 (S.D.N.Y. Mar. 22, 2021). Here, no motion to substitute has been filed in the over-90 days since the suggestion of death was entered. Moreover, on August 17, 2021, the Court issued an order directing Plaintiff's estate or successor to show cause in writing by August 24, 2021, why the case should not accordingly be dismissed, and stating that if they failed to do so, the Court would dismiss the action. ECF No. 14. No such motion has been filed. Therefore, this action is DISMISSED under Rule 25(a)(1). See Lopa v. Safeguard Properties Memt., LLC, No. 14 Civ. 3193,

, at *12 (E.D.N-Y. May 16, 2018), report and recommendation adopted, No. 14 Civ. 3324,

(E.D.N.Y. June 18, 2018), and report and recommendation adopted, No. 14 Civ. 3193,

(E.D.N.Y. June 22, 2018). The Clerk of Court is directed to close the case. SO ORDERED. Dated: August 26, 2021 New York, New York ANALISA TORRES United States District Judge