Appellate Division: Second Judicial Department

M82344

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-05229 Michelle Scartozzi and Lawrence Gambino and Michelle Gambino, as administrators of the estate of Anthony Gambino, appellants, v Alexander Potruch, et al., respondents. (Index No. 30282-03)

DECISION & ORDER ON APPLICATION

Application by the appellants on an appeal from a judgment of the Supreme Court, Suffolk County, dated May 14, 2008, to substitute Lawrence Gambino and Michelle Gambino, administrators of the estate of Anthony Gambino, for the deceased plaintiff Anthony Gambino, to withdraw the appeal insofar as asserted by the estate of Anthony Gambino, and to enlarge the time to perfect the appeal by Michelle Scartozzi.

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 Lawrence Gambino and Michelle Gambino, administrators of the estate of Anthony Gambino, are substituted for the deceased plaintiff Anthony Gambino, and the caption has been amended accordingly; and it is further,

ORDERED that the appeal insofar as asserted by the estate of Anthony Gambino is marked withdrawn; and it is further,

ORDERED that the time of the appellant Michelle Scartozzi to perfect her appeal is enlarged until May 11, 2009, and the record or appendix on the appeal and the appellant's brief must 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