Appellate Division: Second Judicial Department

M39776

S/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-09355 In the Matter of Frank Casatelli, petitioner, v Catherine Sullivan, etc., et al.,appellants; Robert David Goodstein, nonparty-respondent. (Index No. 2269/03)

DECISION & ORDER ON APPLICATION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 27, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Application by the appellant to substitute Catherine Sullivan and James D. Holzhauer, as administrators of the estate of John J. Sullivan, Sr., for the deceased appellant John J. Sullivan, Sr., on an appeal from an order of the Supreme Court, Westchester County, dated September 17, 2004, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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 Catherine Sullivan and James d. Holzhauer, as administrators of the estate of John J. Sullivan, Sr., are substituted for the deceased appellant John J. Sullivan, Sr., and the caption of the action has been amended accordingly; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until September 30, 2005, and the record or appendix and the appellants' 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