Appellate Division: Second Judicial Department

M101763

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-04021 Ileana Ortiz and Wilfredo Ricardo Janeta Ortiz, Co-Administrators of the Estate of Maria Lopez, appellant-respondent, v Ana Jaramillo, et al., defendants, George Tsioulas, respondent-appellant. (Index No. 30477/04)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent on an appeal from an order of the Supreme Court, Kings County, dated April 13, 2009, to substitute Ileana Ortiz and Wilfredo Ricardo Janeta Ortiz, co-administrators of the estate of Maria Lopez, for the deceased appellant-respondent Roger Rodriguez, as administrator of the estate of Maria Lopez.

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 Ileana Ortiz and Wilfredo Ricardo Janeta Ortiz, co-administrators of the estate of Maria Lopez, are substituted for the deceased appellant-respondent Roger Rodriguez, as administrator of the estate of Maria Lopez, and the caption has been amended accordingly; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until June 21, 2010, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk of the Court