| Birnbaum v Misiano |
| Motion No: 2007-02793 |
| Slip Opinion No: 2008 NYSlipOp 62451(U) |
| Decided on January 31, 2008 |
| 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
M65411
S/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2007-02793 Richard Birnbaum, as executor of the estate of Alan Birnbaum, appellant, v James Misiano, et al., respondents. (Index No. 18114/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated February 20, 2007, to substitute Richard Birnbaum, executor of the estate of Alan Birnbaum, for the deceased plaintiff Alan Birnbaum.
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 Birnbaum, executor of the estate of Alan Birnbaum, is substituted for the deceased plaintiff Alan Birnbaum, and the caption has been amended accordingly; and it is further,
ORDERED that the respondents' time to serve and file their briefs is enlarged until February 29, 2008, and the respondents' respective briefs shall be served and filed on or before that date.
PRUDENTI, P.J., CRANE, MASTRO, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court