| Benedict v Whitman Breed Abbott & Morgan |
| Motion No: 2007-07402 |
| Slip Opinion No: 2010 NY Slip Op 83794(U) |
| Decided on September 30, 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
M108995
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2007-07402, 2007-07403, 2007-07404
Patricia E. Benedict, etc., et al., plaintiffs, v Whitman Breed Abbott & Morgan, etc., et al., defendants/defendants on the counterclaim-respondents, et al., defendants, Richard A. Piemonte, defendant third-party plaintiff; Patrick J. Carr, as Executor of the Estate of Elena Duke Benedict, third-party defendant/plaintiff on the counterclaims-appellant. (Appeal No. 1) Patricia E. Benedict, etc., et al., plaintiffs, v Whitman Breed Abbott & Morgan, etc., et al., defendants, Peter J. Repetti & Co., et al., defendants/defendants on the counterclaim-respondents, Richard A. Piemonte, defendant third-party plaintiff; Patrick J. Carr, as Executor of the Estate of Elena Duke Benedict, third-party defendant/plaintiff on the counterclaims-appellant. (Appeal No. 2) Patricia E. Benedict, etc., et al., plaintiffs, v Whitman Breed Abbott & Morgan, etc., et al., defendants, Richard A. Piemonte, defendant third-party plaintiff-respondent-appellant; Patrick J. Carr, as Executor of the Estate of Elena Duke Benedict, third-party defendant-appellant. (Appeal No. 3) (Index No. 97-1514)
| DECISION & ORDER ON APPLICATION |
Application by Patrick J. Carr on appeals from two orders of the Supreme Court, Westchester County, both dated June 28, 2007, and an appeal and cross appeal from an order of the same court also dated June 28, 2007, to substitute Patrick J. Carr, as executor of the Estate of Elena Benedict, for the deceased Elena Duke Benedict.
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 Patrick J. Carr, as executor of the Estate of Elena Benedict, is substituted for the deceased Elena Duke Benedict, and the caption is amended accordingly.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court