JEFFREY M. GRINER V SAMUEL NATHAN FRANKEL AS EXECUTOR OF THE ESTATE OF FRANCES I. CHAMELI AND ACEA M. MOSEY IN HER
Motion No: CA 09-00144
Slip Opinion No: 2009 NYSlipOp 66116(U)
Decided on February 25, 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.


February 25, 2008

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

DOCKET NO. CA 09-00144

JEFFREY M. GRINER, PLAINTIFF-RESPONDENT,

V

SAMUEL NATHAN FRANKEL AS EXECUTOR OF THE ESTATE OF FRANCES

I. CHAMELI AND ACEA M. MOSEY IN HER CAPACITY AS PUBLIC

ADMINISTRATOR OF THE ESTATE OF JOHN M. CHAMELI,

DEFENDANTS-APPELLANTS.


Marlene Morgan Frankel having moved to be substituted for appellant Samuel Nathan Frankel on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 16, 2008,

Now, upon reading and filing the affidavit of Norman E. S. Greene sworn to January 20, 2009, 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 Marlene Morgan Frankel, as Administrator with the Will Annexed of the Estate of Samuel Frankel, is hereby substituted for Samuel Nathan Frankel in this action.

Entered: February 25, 2009

JoAnn M. Wahl, Clerk