Salley v City of New York
Motion No: 2006-05528
Slip Opinion No: 2006 NYSlipOp 80714(U)
Decided on November 28, 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

M47322

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-05528

Eddie Salley, etc., plaintiff-respondent,

v City of New York, defendant third-party

plaintiff-respondent, et al., defendant;

Welsbach Electric Corporation, third-party

defendant-appellant.

(Index No. 3236/97)

DECISION & ORDER ON APPLICATION

Application by the plaintiff-respondent on an appeal from an order of the Supreme Court, Queens County, dated April 7, 2006, to substitute Eddie Salley, administrator of the estate of Adrianne Salley, for the deceased plaintiff Adrianne Salley, 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 Eddie Salley, administrator of the estate of Adrianne Salley, is substituted for the deceased plaintiff Adrianne Salley, 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 22, 2007, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court