Appellate Division: Second Judicial Department

M103293

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-11747 Joseph J. Camastro, as administrator of the estate of Sonia Camastro, respondent-appellant, v Dan's Supreme Super Markets, Inc., etc., appellant-respondent. (Index No. 24594-07)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated November 2, 2009, to substitute Joseph J. Camastro, as administrator of the estate of Sonia Camastro, for the deceased plaintiff Sonia Camastro, and to enlarge the time to perfect the appeal.

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 Joseph J. Camastro, as administrator of the estate of Sonia Camastro, is substituted for the deceased plaintiff Sonia Camastro, 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 August 16, 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