| Frances M. Olivier v Duane Penister |
| Motion No: 2006-00702 ROC |
| Slip Opinion No: 2007 NYSlipOp 85891(U) |
| Decided on December 10, 2007 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| FRANCES M. OLIVIER, Respondent, -against- DUANE PENISTER, Appellant. |
DECISION
Motion by appellant to appoint Kenneth Franzblau, Esq., as personal representative for the deceased respondent denied without prejudice to appellant's seeking appropriate relief in the Surrogate's Court.
On the court's own motion, the appeal is stricken from the appeals calendar, the appellant's briefs are being returned, and the appeal is held in abeyance pending substitution of a personal representative for the deceased respondent.
The appeal is stricken from the appeals calendar because it was perfected at a time when all proceedings were stayed by the death of the respondent.