| Diamond v Diamond |
| Motion No: 2006-11814 |
| Slip Opinion No: 2008 NYSlipOp 83532(U) |
| Decided on September 18, 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
M75949
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2006-11814, 2007-06748
Paul Diamond, as executor of the estate of Howard Diamond, a/k/a Howard S. Diamond, respondent, v Donna Diamond, appellant. (Index No. 05-6472)
| DECISION & ORDER ON APPLICATION |
Application by the appellant on appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated November 6, 2006, and an order of the same court dated November 6, 2006, to substitute Paul Diamond, executor of the estate of Howard Diamond, a/k/a Howard S. Diamond, for the deceased plaintiff Howard Diamond.
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 Paul Diamond, executor of the estate of Howard Diamond, a/k/a Howard S. Diamond, is substituted for the deceased plaintiff Howard Diamond, and the caption has been amended accordingly; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until September 30, 2008, and the reply brief shall be served and filed on or before that date.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court