Appellate Division: Second Judicial Department

M83382

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A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2008-07897, 2009-00309 Anita Dichter, et al., respondents, v Peter B. Devers and Jane H. Bly, executrix of the estate of Harry J. Bly, appellants. (Index No. 1359/06)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated July 29, 2008, and an order of the same court dated December 3, 2008, pursuant to CPLR 1021 for failure to substitute a personal representative for the deceased appellant Harry J. Bly. Cross motion by the appellants to substitute Jane H. Bly, executrix for the estate of Harry J. Bly, as personal representative for the deceased appellant Harry J. Bly.

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

ORDERED that the cross motion is granted and Jane H. Bly, execurix of the estate of Harry J. Bly, is substituted for the deceased appellant Harry J. Bly, and the caption is amended accordingly, on condition that on or before March 30, 2009, Jane H. Bly, executrix for the estate of Harry J. Bly, file with the Clerk of this court a letter ratifying the proceedings before the Supreme Court, Dutchess County, and the order dated December 3, 2008; and it is further,

ORDERED that the appellants' time to perfect the appeal from the order and judgment dated July 29, 2008 (Appellate Division Docket No. 2008-07897), is enlarged until May 8, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court