Breslin Realty Development Corp. v Shaw
Motion No: 2009-11417
Slip Opinion No: 2011 NY Slip Op 86228(U)
Decided on October 12, 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

M127124

P/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2009-11417

Breslin Realty Development Corp., et al.,

appellants, v J. Stanley Shaw, et al., defendants;

Louis A. Russo, as executor of the estate of

Ronald Pecunies, nonparty-respondent.

(Index No. 4182/05)

DECISION & ORDER ON APPLICATION

Application by Louis A. Russo, as executor of the estate of Ronald Pecunies, on an appeal from an order of the Supreme Court, Nassau County, entered November 20, 2009, to be substituted for the deceased nonparty-respondent Ronald Pecunies, to amend the caption accordingly, and, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the appellants' time to serve and file a reply brief.

Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto,

ORDERED that the application is granted, Louis A. Russo, as executor of the estate of Ronald Pecunies, is substituted for the deceased nonparty-respondent Ronald Pecunies, and the caption is amended accordingly; and it is further,

ORDERED that the time of the appellants' reply brief shall be served and filed on or before October 25, 2011 that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court