Hawkins-Bond v Konefsky
Motion No: 2005-08468
Slip Opinion No: 2007 NYSlipOp 69746(U)
Decided on May 18, 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

M54879

S/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2005-08468

Portia Hawkins-Bond, etc., respondent,

v Albert Konefsky, as executor of the estate

of Evelyn Smith, deceased, sole heir of Florence

Ballard and as administrator c.t.a. of the estate

of Florence Ballard, deceased, appellant.

(Index No. 9033/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 16, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 18, 2005, to amend the caption to reflect that the proper defendant is Albert Konefsky, as executor of the estate of Evelyn Smith, deceased, sole heir of Florence Ballard and as administrator c.t.a. of the estate of Florence Ballard, deceased.

Upon the papers filed in support of the motion and the so-ordered stipulation of the Supreme Court, Kings County, dated April 8, 2007, it is

ORDERED that the motion is granted and the caption is amended accordingly.

MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court