| Spiegel v Goldfarb |
| Motion No: 2008-06771 |
| Slip Opinion No: 2010 NY Slip Op 74724(U) |
| Decided on June 17, 2010 |
| 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
M104302
E/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
|
2008-06771 Elissa Spiegel, etc., et al., appellants-respondents, v Andrew Goldfarb, et al., defendants; Shearer & Essner, LLP, nonparty-respondent-appellant. (Index No. 15368/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to amend the caption, to substitute Elissa Speigel, as temporary administratrix of the Estate of Edward Spiegel, as a party in the above-entitled action, nunc pro tunc, and to "apply[] . . . to the Estate of Edward Spiegel" a decision and order on motion of this court dated February 2, 2010, which determined the respondent-appellant's motion for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2008, which was determined by decision and order of this court dated October 20, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that Elissa Speigel, as temporary administratrix of the Estate of Edward Spiegel, is substituted for Edward Speigel, the caption is amended accordingly, and the decision and order on motion of this court dated February 2, 2010, is recalled and vacated, and the following decision and order on motion is substituted therefor, and the motion is otherwise denied.
Motion by Elissa Speigel, as temporary administratrix of the Estate of Edward Spiegel, and Elissa Speigel, individually, for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2008, which was determined by decision and order of this court dated October 20, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., MILLER, CHAMBERS and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court