Appellate Division: Second Judicial Department

M46389

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2006-01134 Theodore Drapaniotis, etc., appellant, v 36-08 33rd Street Corp., et al., respondents. (Action No. 1) (Index No. 19427/98) 2006-01138 Valid Entertainment, Inc., appellant, v Katse Ke Bresta, Inc., et al., respondents. (Action No. 2) (Index No. 17808/98)

DECISION & ORDER ON APPLICATION

On the court's own motion, it is

ORDERED that its decision and order on application dated October 18, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Motion by the appellant in Action No. 1 on an appeal from a judgment of the Supreme Court, Queens County, dated September 9, 2005, to substitute Theodore Drapaniotis, administrator of the estate of Vasiliki Drapaniotis, for the deceased plaintiff Vasiliki Drapaniotis, and to enlarge the time to perfect that appeal and to enlarge the time of the appellant in Action No. 2 to perfect an appeal from a judgment of the same court dated January 10, 2006.

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 Theodore Drapaniotis, as administrator of the estate of Vasiliki Drapaniotis, is substituted for the deceased plaintiff Vasiliki Drapaniotis, and the caption has been amended accordingly; and it is further,

ORDERED that the appellants' time to perfect the appeals is enlarged until November 30, 2006, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

ADAMS, J.P., RITTER, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court