Cacciapuoti v Long Island Rail Road
Motion No: 2006-04501
Slip Opinion No: 2006 NYSlipOp 79347(U)
Decided on November 9, 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

M46701

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-04501

Anthony Cacciapuoti, etc., appellant,

v Long Island Railroad, et al., respondents.

(Index No. 31967/96)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order the Supreme Court, Nassau County, dated March 23, 2006, to substitute Anthony Cacciapuoti, administrator of the estate of Theresa Cacciapuoti, for the deceased plaintiff, Theresa Cacciapuoti, and 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 Anthony Cacciapuoti, administrator of the estate of Theresa Cacciapuoti, is substituted for the deceased plaintiff, Theresa Cacciapuoti, and the caption has been amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 8, 2007, and the record or appendix on appeal and the appellant's brief shall be served and filed on or before that date.

MILLER, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court