Appellate Division: Second Judicial Department

M108986

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2008-03758, 2008-05500 Mayda Gonzalez, as administratrix of the estate of Benny Gonzalez, appellant-respondent, v New York City Transit Authority, respondent-appellant. (Index No. 15403/03)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, entered March 13, 2008 (Appellate Division Docket No. 2008-03758), and an appeal from an order of the same court dated November 30, 2007 (Appellate Division Docket No. 2008-05500), to substitute Mayda Gonzalez, as administratrix of the estate of Benny Gonzalez, for the deceased plaintiff Benny Gonzalez, and to withdraw her appeals.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted; and it is further,

ORDERED that Mayda Gonzalez, as administratrix of the estate of Benny Gonzalez, is substituted for the deceased plaintiff Benny Gonzalez, and the caption has been amended accordingly; and it is further,

ORDERED that the appeals by Mayda Gonzalez, as administratrix of the estate of Benny Gonzalez, from the judgment entered March 13, 2008 (Appellate Division Docket No. 2008-03758), and the order dated November 30, 2007 (Appellate Division Docket No. 2008-05500), are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the New York City Transit Authority's time to perfect its appeal from the judgment entered March 13, 2008 (Appellate Division Docket No. 2008-03758), is enlarged until November 12, 2010, and the record or appendix on appeal and its brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court