Spindell v Town of Hempstead
Motion No: 2010-10484
Slip Opinion No: 2011 NY Slip Op 62854(U)
Decided on February 2, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114790

E/ct

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2010-10484

Deric Spindell, plaintiff-respondent, v

Town of Hempstead, defendant-respondent,

Scheurer Monuments, Inc., appellant.

(Index No. 156/09)

DECISION & ORDER ON MOTION

Motion by Scheurer Monuments, Inc., on an appeal from an order of the Supreme Court, Nassau County, entered September 30, 2010, to amend the notice of appeal to reflect that it is the proper appellant.

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

ORDERED that the motion is granted, and the notice of appeal is deemed amended to reflect that Scheurer Monuments, Inc., is the proper appellant (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).

DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court