| Gallagher v Kucker & Bruh, LLP |
| Motion No: 2005-04537 |
| Slip Opinion No: 2006 NYSlipOp 64560(U) |
| Decided on March 6, 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. |
Appellate Division: Second Judicial Department
M36563
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04537
Charles E. Gallagher, et al., respondents, v Kucker & Bruh, LLP, et al., appellants. (Index No. 19405/04)
| DECISION & ORDER ON APPLICATION |
ORDERED that the decision and order on application of this court dated January 30, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:
Application by the appellants 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 the papers filed in opposition thereto, it is
ORDERED that the application is denied on the ground that John S. Rogers did not die intestate; and it is further,
ORDERED that upon the appointment of an executor or administrator for the estate of John S. Rogers the appellants shall immediately notify this court of said appointment.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court