| Matter of Yaros, deceased |
| Motion No: 2009-01341 |
| Slip Opinion No: 2010 NY Slip Op 85924(U) |
| Decided on October 22, 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
M109961
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2009-01341 In the Matter of Harry Yaros, deceased. Neal Yaros, appellant; Laura Yaros Greenberg, respondent. (File No. 3121/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Surrogate's Court, Queens County, dated January 6, 2009, inter alia, pursuant to CPLR 1021 to dismiss the claim filed by Laura Yaros Greenberg on the ground that no substitution has been made within a reasonable time for the deceased respondent Laura Yaros Greenberg, or, in the alternative, pursuant to CPLR 1021 to substitute Mark Greenberg and Melissa Greenberg as personal representatives for the deceased respondent Laura Yaros Greenberg and amend the caption accordingly.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to seeking relief in the Surrogate's Court, Queens County.
DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court