Appellate Division: Second Judicial Department

M113156

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2009-07944 In the Matter of Irene B. Marsh, deceased. Bank of New York, petitioner-appellant- respondent; Los Angeles County Public Administrator, as limited administrator of the estate of Adrienne Marsh Lefkowitz, respondent-appellant; McCarthy Fingar LLP, nonparty-appellant-respondent. (File No. 1606/90)

DECISION & ORDER ON APPLICATION

Application by the respondent-appellant on an appeal and cross appeal from a decree of the Surrogate's Court, Westchester County, dated June 5, 2009, to substitute the Los Angeles County Public Administrator, as limited administrator of the estate of Adrienne Marsh Lefkowitz, for the deceased respondent-appellant Adriene Marsh Lefkowitz.

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

ORDERED that the application is granted and the Los Angeles County Public Administrator, as limited administrator of the estate of Adrienne Marsh Lefkowitz, is substituted for the deceased respondent-appellant Adriene Marsh Lefkowitz, and the caption has been amended accordingly.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court