| Appelian v Cullen |
| Motion No: 2009-03875 |
| Slip Opinion No: 2009 NY Slip Op 85175(U) |
| Decided on October 6, 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
M92779
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2009-03875
Mary Ann Appelian, executor of the estate of Anna Appelian, etc., respondent, v Richard P. Cullen, appellant. (Index No. 08-3486)
| DECISION & ORDER ON APPLICATION |
Application by Mary Ann Appelian, executor of the estate of Anna Appelian, to be substituted for the deceased respondent Anna Appelian on the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated April 3, 2009.
Upon the papers filed in support of the applications and no papers having been filed in opposition thereto, it is
ORDERED that the applications are granted; and it is further,
ORDERED that Mary Ann Appelian, executor of the estate of Anna Appelian, is substituted for the deceased respondent Anna Appelian on the appeal, and the caption is amended as set forth above; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 16, 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