| Matter of Town of North Hempstead Community Developme |
| Motion No: 2006-09112 |
| Slip Opinion No: 2007 NYSlipOp 65862(U) |
| Decided on March 22, 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. |
Appellate Division: Second Judicial Department
M52415
S/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
GABRIEL M. KRAUSMAN, JJ.
|
2006-09112 In the Matter of the Town of North Hempstead Community Development Agency, etc., respondent; Jacqueline Savage McMillan, etc., nonparty- appellant.
(Index No. 3558/05)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered August 11, 2006, pending hearing and determination of an appeal therefrom. Separate motion by the respondent to vacate the temporary restraining order contained in the order to show cause signed by a Justice of this court, dated October 23, 2006. By decision and order on motion dated January 10, 2007, the respondent was directed to make an application to the Surrogate's Court, Nassau County, for the appointment of a personal representative for the deceased appellant (see CPLR 1015[a]; 1021), and the motions were held in abeyance pending the appointment of a personal representative for the deceased appellant. The respondent has advised the court that Jacqueline Savage McMillan, 740 Franklin Street, Westbury NY 11590, has been named preliminary executor of the estate of Margaret Savage.
Now, on the court's own motion, it is
ORDERED that Jacqueline Savage McMillan, as preliminary executor of the estate of Margaret Savage, is substituted for the deceased appellant Margaret Savage, and the caption has been amended accordingly; and it is further,
ORDERED that on or before April 20, 2007, the appellant shall notify the Clerk of this court in writing whether she intends to pursue or withdraw the appeal and the motion for a stay currently pending before this court; the appellant, if she be so advised, may also file opposition papers to the motion by the respondent currently pending before this court on or before April 20, 2007; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the appellant by regular mail.
MASTRO, J.P., RIVERA, SPOLZINO and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court