Cymbler v Cadet
Motion No: 2006-03161
Slip Opinion No: 2006 NYSlipOp 73377(U)
Decided on August 8, 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

M43035

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-03161

Jerry K. Cymbler, etc., plaintiff-respondent,

v Mercedes Cadet, et al., appellants,

D & Lika Station Corp., defendant-respondent.

(Index No. 9139/04)

DECISION & ORDER ON APPLICATION

Motion by the plaintiff-respondent on an appeal from a judgment of the Supreme Court, Queens County, entered March 16, 2006, to substitute Jerry K. Cymbler, executor of the estate of Sally Cymbler, for the deceased plaintiff Sally Cymbler.

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 Jerry K. Cymbler, as executor of the estate of Sally Cymbler, is substituted for the deceased plaintiff Sally Cymbler, and the caption has been amended accordingly; and it is further,

ORDERED that the appellants shall serve and file their brief on or before September 5, 2006.

ADAMS, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court