| Benedict v Whitman Breed Abbott & Morgan |
| Motion No: 2009-00959 |
| Slip Opinion No: 2010 NY Slip Op 83796(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
M109003
E/sl
|
2009-00959
Patricia Benedict, et al., plaintiffs-respondents, v Whitman Breed Abbott & Morgan, etc., et al., defendants-respondents, Richard A. Piemonte, defendant third-party plaintiff-respondent, et al., defendants; Patrick J. Carr, as executor of the Estate of Elena Duke Benedict, third-party defendant-appellant, et al., third-party defendants. (Index No. 97-1514)
| ORDER ON APPLICATION |
Application by Patrick J. Carr on an appeal from an order of the Supreme Court, Westchester County, entered December 22, 2008, 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.
ENTER:
Matthew G. Kiernan
Clerk of the Court