Washington Mutual Bank v Ridgewood Realty of L.I., Inc.
Motion No: 2008-11069
Slip Opinion No: 2011 NY Slip Op 64537(U)
Decided on February 17, 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

M115702

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2008-11069

Washington Mutual Bank, respondent,

v Ridgewood Realty of L.I., Inc., et al., defendants,

Madalyn Bottone and Mark Robert Brody, as

administrators of the estate of Morton Brody,

et al., appellants.

(Index No. 15759/07)

DECISION & ORDER ON APPLICATION

Application by Madalyn Bottone and Mark Robert Brody, on appeals from an order of the Supreme Court, Queens County, dated June 16, 2008, to substitute Madalyn Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, for the deceased appellant Morton Brody.

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 Madalyn Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, are substituted for the deceased appellant Morton Brody, and the caption is amended accordingly; and it is further,

ORDERED that on or before February 28, 2011, Madalyn Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, by counsel, shall advise the Court whether they adopt the brief filed on behalf of Morton Brody on June 1, 2009, and/or the reply brief filed on July 17, 2009, or whether they will serve and file a replacement brief and/or a replacement reply brief.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court