| Ascani v EI Du Pont De Nemours & Company |
| Motion No: 2010-01003 |
| Slip Opinion No: 2010 NY Slip Op 86093(U) |
| Decided on October 26, 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
M110215
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2010-01003
Danielle Ascani, as administratrix of the estate of Richard Ascani, respondent, v EI Du Pont De Nemours & Company, et al., defendants, Wasco Wholesale Auto Supply Corp, appellant. (Index No. 12061/09)
| DECISION & ORDER ON APPLICATION |
Application by the appellant to substitute Danielle Ascani as administratix of the estate of Richard Ascani, for the deceased plaintiff, Richard Ascani and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 20, 2009.
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 Danielle Ascani, administratrix of the estate of Richard Ascani, is substituted for the deceased plaintiff, Richard Ascani, and the caption is amended accordingly; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until December 27, 2010, and the record or appendix on the appeal and the appellant's 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