| McCabe v Dutchess County |
| Motion No: 2008-01359 |
| Slip Opinion No: 2009 NY Slip Op 83435(U) |
| Decided on September 18, 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
M92135
S/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2008-01359 Daniel J. McCabe, as guardian ad litem for Jacob A. Harris, respondent, v Dutchess County, et al., appellants. (Index No. 18000/07)
| DECISION & ORDER ON APPLICATION |
ORDERED that the decision and order on application of this court dated September 15, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:
Application by the respondent on an appeal from an order of the Supreme Court, Dutchess County, dated January 18, 2008, to substitute Daniel J. McCabe, guardian ad litem for Jacob A. Harris, for Taylor Harris as plaintiff.
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 Daniel J. McCabe, guardian ad litem for Jacob A. Harris, is substituted for Taylor Harris as plaintiff, and the caption is amended accordingly.
SKELOS, J.P., FISHER, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court