Donlon v DiAmico, a/k/a D'Amico
Motion No: 2004-05110
Slip Opinion No: 2006 NYSlipOp 73160(U)
Decided on August 2, 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

M42771

S/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2004-05110

Barbara Donlon, a/k/a Barbara T. Donlon,

respondent, v Gloria DiAmico, a/k/a Gloria

D'Amico, appellant, Gloria D'Amico, as

temporary administrator of the estate of

Rudolph Tscherne, a/k/a Rudolph Tscherne, Jr.,

defendant.

(Index No. 6152/03)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Queens County, dated May 4, 2004, to substitute Gloria D'Amico, as temporary administrator of the estate of Rudolph Tscherne, a/k/a Rudolph Tscherne, Jr., for the deceased defendant Rudolph Tscherne, a/k/a Rudolph Tscherne, Jr.

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 Gloria D'Amico, as temporary administrator of the estate of Rudolph Tscherne, a/k/a Rudolph Tscherne, Jr., is substituted for the deceased defendant Rudolph Tscherne, a/k/a Rudolph Tscherne, Jr., and the caption on the appeal is amended accordingly.

MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court