THERESA HALLER, ADMINISTRATRIX OF THE ESTATE OF JEAN DIE JOIA V GERALD M. GACIOCH, M.D., CYNTHIA R. REDDECK, M.D., AND
Motion No: CA 08-02127
Slip Opinion No: 2009 NYSlipOp 61513(U)
Decided on January 14, 2009
Appellate Division, Fourth 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.


January 14, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02127

THERESA HALLER, ADMINISTRATRIX OF THE ESTATE OF JEAN DIE

JOIA, PLAINTIFF-APPELLANT,

V

GERALD M. GACIOCH, M.D., CYNTHIA R. REDDECK, M.D., AND

ROCHESTER CARDIOPULMONARY GROUP, P.C.,

DEFENDANTS-RESPONDENTS.


Theresa Haller, Administratrix having moved to be substituted for plaintiff on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 18, 2008,

Now, upon reading and filing the affidavit of Theresa Haller sworn to December 1, 2008, the affirmation of Carl L. Feinstock dated December 1, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and Theresa Haller, Administratrix of the Estate of Jean Die Joia, is hereby substituted for plaintiff on this appeal.

Entered: January 14, 2009

JoAnn M. Wahl, Clerk