Appellate Division: Second Judicial Department

M89788

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-01556 Robert Katulak, as Executor of the Estate of John Katulak, respondent, v Lloyd A. Carter, et al., defendants, Orange and Rockland Utilities, Inc., appellant, (and a third-party action). 2008-01559 Robert Katulak, as Executor of the Estate of John Katulak, plaintiff, v Lloyd A. Carter, et al., respondents, Orange and Rockland Utilities, Inc., appellant, (and a third-party action). 2008-01560 Arthur Courtright, plaintiff, v Orange and Rockland Utilities, Inc., appellant, County of Orange, respondent, et al., defendants (and a third-party action). (Action No. 1) Robert Katulak, as Executor of the Estate of John Katulak, plaintiff, v Lloyd A. Carter, et al.,defendants, Orange and Rockland Utilities, Inc., defendant third-party plaintiff-appellant; Stanley Winters, et al., third-party defendants, County of Orange, third-party defendant- respondent. (Action No. 2) (Index Nos. 04-8744, 05-2327)

DECISION & ORDER ON APPLICATION

Application by Robert Katulak, as executor of the estate of John Katulak, to substitute Robert Katulak, as executor of the estate of John Katulak, for the decedent John Katulak on appeals from three orders of the Supreme Court, Orange County, all dated January 7, 2008.

Upon the papers filed in support of the application and upon the stipulation of the parties, it is

ORDERED that the application is granted and Robert Katulak, as executor of the estate of John Katulak, is substituted for the decedent John Katulak, and the caption is amended accordingly.

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

ENTER:

James Edward Pelzer

Clerk of the Court