Gallagher v Kucker & Bruh, LLP
Motion No: 2005-04537
Slip Opinion No: 2006 NYSlipOp 61220(U)
Decided on January 30, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35446

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04537

Charles E. Gallagher, etc., et al., respondents,

v Kucker & Bruh, LLP, et al., appellants.

(Index No. 19405/04)

DECISION & ORDER ON APPLICATION

Application by the respondents to substitute the Public Administrator of County of New York, as administrator of the estate of John S. Rogers, for the deceased appellant John S. Rogers, on an appeal from an order of the Supreme Court, Westchester County, dated April 18, 2005, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, and the Public Administrator of County of New York, as administrator of the estate of John S. Rogers, is substituted for the deceased appellant John S. Rogers, and the caption of the action has been amended accordingly; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until March 27, 2006, and the respondents' brief shall be served and filed on or before that date.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court