Appellate Division: Second Judicial Department

M124986

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-08627 Ann C. Cunningham, as administrator of the estate of Gladys C. Murphy, also known as Gladys Murphy, plaintiff-respondent, v Julia Baldari, defendant third-party plaintiff-appellant, et al., defendants; John Murphy, et al., third-party defendants-respondents. (Action No. 1) Option One Mortgage Corp., respondent, v Julia Baldari, appellant, et al., defendant. (Action No. 2) (Index Nos. 13771/03, 10948/02)

DECISION & ORDER ON MOTION

Application by the plaintiff-respondent, on an appeal from a judgment of the Supreme Court, Richmond County, dated July 26, 2010, to substitute Ann C. Cunningham, as administrator of the estate of Gladys C. Murphy, also known as Gladys Murphy, for the deceased plaintiff-respondent, Gladys Murphy.

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 Ann C. Cunningham, as administrator of the estate of Gladys C. Murphy, also known as Gladys Murphy, is substituted for the deceased plaintiff-respondent, Gladys Murphy, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion dated September 29, 2010, as amended by a decision and order on motion dated December 10, 2010, is amended by deleting from the decretal paragraphs thereof the date "January 10, 2011," and substituting therefor the date "September 26, 2011," and the appellant's time to perfect the appeal is enlarged until September 26, 2011.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court