| Fagan v Nowitz |
| Motion No: 2005-03476 |
| Slip Opinion No: 2009 NY Slip Op 78595(U) |
| Decided on July 21, 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. |
Appellate Division: Second Judicial Department
M89758
S/nl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-03476 Ellen Fagan, as Administrator of the Estate of Estelle Nowitz, a/k/a Estelle B. Nowitz, respondent, v David Nowitz, appellant. (Index No. 18000/07)
| DECISION & ORDER ON APPLICATION |
ORDERED that the decision and order on application of this court dated July 13, 2009, in the above-entitled appeal is recalled and vacated and the following decision and order on application is substituted therefor:
Application by the respondent on an appeal from a judgment of the Supreme Court, Queens County, dated January 12, 2005, to substitute Ellen Fagan, as administrator of the estate of Estelle Nowitz, a/k/a Estelle B. Nowitz for the deceased plaintiff Estelle Nowitz.
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 Ellen Fagan, as administrator of the estate of Estelle Nowitz, a/k/a Estelle B. Nowitz, is substituted for the deceased plaintiff Estelle Nowitz, and the caption has been amended accordingly.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court