Appellate Division: Second Judicial Department

M76344

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-10631, 2007-10632 Annette Gruppuso, appellant-respondent, v Joanne Cardi, etc., et al., respondents- appellants. (Index No. 201893/04)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent on appeals and cross appeals from an order of the Supreme Court, Nassau County, entered October 1, 2007, and a judgment of the same court entered October 26, 2007, to substitute Joanne Cardi, Lisa Salvo, and Diana Boland, as executors of the estate of Vincent Gruppuso, for the deceased defendant Vincent Gruppuso.

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 Joanne Cardi, Lisa Salvo, and Diana Boland, as executors of the estate of Vincent Gruppuso, are substituted for the deceased defendant Vincent Gruppuso, 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 November 24, 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 its answering brief, including its 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