Appellate Division: Second Judicial Department

M121336

P/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-07921 DECISION & ORDER ON APPLICATION Kenneth R. Beer and Wendy Beer Ganley, as personal representatives of the estate of Beth L. Starkand, et al., appellants, v Steven R. Goldfarb, etc., defendant, MDVIP, Inc., respondent. (Index No. 22202-07)

Application by Kenneth R. Beer and Wendy Beer Ganley, on an appeal from a judgment of the Supreme Court, Suffolk County, dated July 8, 2010, to substitute Kenneth R. Beer and Wendy Beer Ganley, as personal representatives of the estate of Beth L. Starkand, for the deceased plaintiff-appellant Beth L. Starkand, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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 Kenneth R. Beer and Wendy Beer Ganley, as personal representatives of the estate of Beth L. Starkand, are substituted for the deceased plaintiff-appellant Beth L. Starkand, and the caption is amended accordingly; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until July 25, 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