Appellate Division: Second Judicial Department

M74992

S/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-02779, 2007-08604 Dorothy Ostolski, appellant, v Izabella Solounias and Sabina Ostolski, as preliminary executors of the estate of Marian Ostolski, respondent. (Index No. 05-3525)

DECISION & ORDER ON APPLICATION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 13, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Application by the respondent on appeals from an order of the Supreme Court, Rockland, dated February 21, 2007, and a judgment of the same court dated July 16, 2007, to substitute Izabella Solounias and Sabina Ostolski, preliminary executors of the estate of Marian Ostolski, for the deceased defendant Marian Ostolski.

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 Izabella Solounias and Sabina Ostolski, as preliminary executors of the estate of Marian Ostolski, are substituted for the deceased defendant Marian Ostolski, and the caption has been amended accordingly Court.

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

ENTER:

James Edward Pelzer

Clerk of the Court