Tavares v Hilario
Motion No: 2006-07328
Slip Opinion No: 2008 NYSlipOp 64753(U)
Decided on February 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M66298

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-07328

Geraldo Tavares, respondent, v Carlos

J. Hilario, appellant, as administrator of

the estate of Julio Hilario.

(Index No. 40912/02)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 26, 2006, to substitute Carlos J. Hilario administrator of the estate of Julio Hilario, for the deceased defendant Julio Hilario.

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 Carlos J. Hilario administrator of the estate of Julio Hilario, is substituted for the deceased defendant Julio Hilario, and the caption has been amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before April 14, 2008.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court