Cardone v Poidomani
Motion No: 2008-04653
Slip Opinion No: 2009 NY Slip Op 88420(U)
Decided on November 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M94325

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2008-04653

Jacqueline Cardone, plaintiff-respondent,

v Georgia Poidomani, as administrator of the

estate of John Poidomani, defendant-respondent,

Robert Barberesi, et al., appellants.

(Index No. 103938/07)

DECISION & ORDER ON MOTION

Appeal by Robert Barberesi and Steven Barberesi from an order of the Supreme Court, Richmond County, dated April 28, 2009. During the pendency of the appeal the defendant John Poidomani died. By so ordered stipulation dated October 23, 2009, the Supreme Court, Richmond County, substituted Georgia Poidomani, as administrator of the estate of John Poidomani, for the deceased defendant John Poidomani.

Now, on the court's own motion, it is

ORDERED that the time for Georgia Poidomani to serve and file a brief on the appeal is enlarged until December 11, 2009, and the brief of Georgia Poidomani, if any, shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court