Appellate Division: Second Judicial Department

M74103

S/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-10130 Michael Samet, as executor of the estate of Andrew Samet, respondent-appellant, v Isaac I. Binson, appellant-respondent. (Index No. 15032/98)

DECISION & ORDER ON APPLICATION

Application by the respondent-appellant on an appeal from an order of the Supreme Court, Kings County, dated September 10, 2007, to substitute Michael Samet, executor of the estate of Andrew Samet, for the deceased plaintiff Andrew Samet.

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 Michael Samet, executor of the estate of Andrew Samet, is substituted for the deceased plaintiff Andrew Samet, 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 October 6, 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 respondent-appellant shall serve and file his answering brief, including his 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