Fitzgerald v Conroy
Motion No: 2007-00777
Slip Opinion No: 2007 NYSlipOp 78446(U)
Decided on September 19, 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

M60017

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2007-00777

Aimee J. Fitzgerald, as executor of estate of

Joseph Thomas Fitzgerald, et al., appellants,

v William Conroy, et al., respondents.

(Index No. 01-2455)

DECISION & ORDER ON APPLICATION

Application by the appellants on an appeal from an order of the Supreme Court, Orange County, dated December 6, 2006, to substitute Aimee J. Fitzgerald, executor of the estate of Joseph Thomas Fitzgerald, for the deceased plaintiff Joseph Thomas Fitzgerald.

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 Aimee J. Fitzgerald, executor of the estate of Joseph Thomas Fitzgerald, is substituted for the deceased plaintiff Joseph Thomas Fitzgerald, and the caption has been amended accordingly; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until October 26, 2007, and the record or appendix on the appeal and the appellants' brief must 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