Leardi v Lutheran Medical Center
Motion No: 2008-05941
Slip Opinion No: 2009 NYSlipOp 67069(U)
Decided on March 19, 2009
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

M83951

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-05941

Deborah Leardi, as administrator of the

estate of Marilyn Cushing, etc., appellant,

v Lutheran Medical Center, etc., et al.,

respondents.

(Index No. 20650/07)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 15, 2008, to substitute Deborah Leardi, administrator of the estate of Marilyn Cushing, for the deceased plaintiff Marilyn Cushing.

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 Deborah Leardi, administrator of the estate of Marilyn Cushing, is substituted for the deceased plaintiff Marilyn Cushing, and the caption has been amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 10, 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