| Petervary v Bubnis |
| Motion No: 2010-01255 |
| Slip Opinion No: 2011 NY Slip Op 87014(U) |
| Decided on October 19, 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. |
Appellate Division: Second Judicial Department
M127492
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2010-01255 Nicholas Petervary, respondent, v Algie Bubnis, et al., appellants. (Index No. 21003/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants pursuant to CPLR 1021 to appoint an administrator for the estate of the deceased respondent and to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered December 8, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to CPLR 1021 to appoint an administrator for the estate of the deceased respondent is denied without prejudice to seeking appropriate relief in the Surrogate's Court or the Supreme Court; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied with leave to renew after appointment of a personal representative for the estate of the deceased respondent.
SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court