Estate of Kenneth Dilsaver v Dalend Dilsaver
Motion No: 2009-01665 SC
Slip Opinion No: 2009 NY Slip Op 85653(U)
Decided on October 7, 2009
Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.

NO. 2009-1665 S C
THE ESTATE OF KENNETH DILSAVER,

Respondent,

-against-

DALEND DILSAVER,

Appellant.

DECISION

Motion by appellant to stay all proceedings pending hearing and determination of the appeal is denied without prejudice to appellant seeking relief pursuant to CPLR 5519 (a) (6) in the Justice Court of the Town of Southampton.

It is noted that an estate is not a legal entity, thus, any action brought for or against the estate must be by or against the executor or administrator of the estate in his or her representative capacity (see Grosso v Estate of Gershenson, 33 AD3d 587 [2006]).