Martinez v Mullarkey
Motion No: 2005-01782
Slip Opinion No: 2007 NYSlipOp 62781(U)
Decided on February 8, 2007
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

M50345

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-01782

Francisco Martinez, etc., et al., plaintiffs-respondents,

v Dennis Mullarkey, defendant-respondent,

Centennial Elevator Industries, Inc., appellant.

(Index No. 19539/98)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents on an appeal from an interlocutory judgment of the Supreme Court, Queens County, dated January 10, 2005, to substitute Francisco Martinez, administrator the estate of Maria Martinez, for the deceased plaintiff Maria Martinez.

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 Francisco Martinez, as administrator the estate of Maria Martinez, is substituted for the deceased plaintiff Maria Martinez, and the caption has been amended accordingly.

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

ENTER:

James Edward Pelzer

Clerk of the Court