Bartolomeo v Shapiro
Motion No: 2008-04167
Slip Opinion No: 2011 NY Slip Op 70880(U)
Decided on April 25, 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

M119015

P/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2008-04167

Jacqueline Bartolomeo and Gina Bartolomeo,

co-administrators of the estate of Frank

Bartolomeo, appellants, v George C. Shapiro,

defendant, et al., respondents.

(Index No. 04-6286)

DECISION & ORDER ON MOTION

Application by the respondents, on an appeal from an order of the Supreme Court, Westchester County, dated March 31, 2008, in effect, to substitute Jacqueline Bartolomeo and Gina Bartolomeo, co-administrators of the estate of Frank Bartolomeo, for the deceased plaintiff-appellant Frank Bartolomeo.

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 Jacqueline Bartolomeo and Gina Bartolomeo, co-administrators of the estate of Frank Bartolomeo, are substituted for the deceased plaintiff-appellant Frank Bartolomeo, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the appellants' time to perfect the appeal

is enlarged until June 21, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court