Appellate Division: Second Judicial Department

M73327

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-08039 Tristar Petroleum, Inc., appellant-respondent, v Vivian F. Kuss, as personal representative of the estate of Donald J. Kuss, respondent-appellant, et al., defendants. (Action No. 1) (Index No. 28975-01) Tristar Petroleum, Inc., appellant-respondent, et al., plaintiff, v Vivian F. Kuss, as personal representative of the estate of Donald J. Kuss, et al., respondents-appellants. (Action No. 2) Index No. 11565-00)

DECISION & ORDER ON APPLICATION

Application by the respondents-appellants on an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated July 23, 2007, to substitute Vivian F. Kuss, as personal representative of the estate of Donald J. Kuss, for the deceased defendant Donald J. Kuss.

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 Vivian F. Kuss, as personal representative of the estate of Donald J. Kuss, is substituted for the deceased defendant Donald J. Kuss, and the caption has been amended accordingly; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 29, 2008, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk of the Court