Evans v Evans
Motion No: 2005-08725
Slip Opinion No: 2008 NYSlipOp 88044(U)
Decided on October 31, 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

M77971

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2005-08725

Melvin Evans, appellant, v Windell Evans,

as administrator of estate of Patty Evans,

respondent.

(Index No. 15766/03)

DECISION & ORDER ON APPLICATION

Application by the respondent on an appeal from a judgment of the Supreme Court, Kings County, dated July 14, 2005, to substitute Windell Evans, administrator of the estate of Patty Evans, for the deceased defendant Patty Evans.

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 Windell Evans, administrator of the estate of Patty Evans, is substituted for the deceased defendant Patty Evans, and the caption has been amended accordingly.

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

ENTER:

James Edward Pelzer

Clerk of the Court