Mirabile v Mirabile
Motion No: 2005-09366
Slip Opinion No: 2007 NYSlipOp 69893(U)
Decided on May 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M54861

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-09366

Richard B. Bioglio, as preliminary executor of

the estate of Rose S. Mirabile, respondent,

v Domenick Mirabile, appellant,

et al., defendants.

(Index No. 1264/05)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Queens County, dated June 10, 2005, to substitute Richard B. Bioglio, as preliminary executor of the estate of Rose S. Mirabile, for the deceased plaintiff Rose S. Mirabile.

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 Richard B. Bioglio, as preliminary executor of the estate of Rose S. Mirabile, is substituted for the deceased plaintiff Rose S. Mirabile, and the caption has been amended accordingly; and it is further,

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

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court