Matter of Sassower-Berlin v Berlin
Motion No: 2007-03586
Slip Opinion No: 2008 NYSlipOp 84518(U)
Decided on October 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M76547

S/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2007-03586, 2007-03587

In the Matter of Elaine Sassower-Berlin,

petitioner-respondent, v Leonard Berlin,

executor of the estate of Stephen Berlin,

respondent-appellant; Barbara Kopman,

nonparty-appellant.

(Docket Nos. V-11995-04, V-11996-04,

V-11997-04)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss appeals from two orders of the Family Court, Suffolk County, both dated March 14, 2007, on the ground that the respondent-appellant has died, and to recall and vacate a decision and order on motion of this court dated May 17, 2007, which stayed enforcement of the orders pending hearing and determination of the appeals. Cross motion by Leonard Berlin for leave to intervene to oppose the motion. By decision and order on motion dated June 6, 2008, the motion and cross motion were held in abeyance pending appointment of a personal representative for the estate of the respondent-appellant, Stephen Berlin. Application by the respondent-appellant to substitute Leonard Berlin, executor of the estate of Stephen M. Berlin, for the deceased respondent-appellant Stephen Berlin.

Upon the papers filed in support of the application, and the papers filed in support and opposition to the motion and cross motion, it is

ORDERED that the application is granted and Leonard Berlin, executor of the estate of Stephen M. Berlin, is substituted for the deceased respondent-appellant Stephen Berlin, and the caption has been amended accordingly; and it is further,

ORDERED that the branch of the cross motion which was for leave to file opposition to the motion of the appellant-respondent to dismiss the appeal and to file a cross motion to dismiss the appellant-respondent's motion is granted and the respondent-appellant shall serve and file any opposition to the motion and/or any cross motion on or before October 10, 2008; and ti is further,

ORDERED that the branch of the cross motion which is for leave to intervene is denied as unnecessary in light of the substitution set forth above.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court