Zieba v Krasdale Foods, Inc.
Motion No: 2006-07965
Slip Opinion No: 2007 NYSlipOp 63134(U)
Decided on February 14, 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

M50781

S/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

WILLIAM E. McCARTHY, JJ.

2006-07965

Danuta Zieba, etc., respondent,

v Krasdale Foods, Inc., appellant,

et al., defendants.

(Index No. 4617/03)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 8, 2006, to substitute Danuta Zieba, administrator of the estate of Kamil Zieba, for the deceased plaintiff Kamil Zieba.

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 Danuta Zieba, administrator of the estate of Kamil Zieba, is substituted for the deceased plaintiff Kamil Zieba, and the caption has been amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 16, 2007, and the record or appendix and the appellant's brief shall be served and filed on or before that date.

MILLER, J.P., SPOLZINO, GOLDSTEIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court