IN THE MATTER OF PATRICK L. CAPRI, AS ADMINISTRATOR OF THE ESTATE OF MARY CAPRI, DECEASED V RICHARD F. DAINES, M.D.
Motion No: TP 11-01443
Slip Opinion No: 2011 NY Slip Op 88101(U)
Decided on October 26, 2011
Appellate Division, Fourth 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.


October 26, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

DOCKET NO. TP 11-01443

IN THE MATTER OF PATRICK L. CAPRI, AS ADMINISTRATOR

OF THE ESTATE OF MARY CAPRI, DECEASED, PETITIONER,

V

RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE

DEPARTMENT OF HEALTH, LUCILLE A. SOLDATO, COMMISSSIONER,

ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, AND ONEIDA

COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.


Petitioner having moved for an order substituting as petitioner in this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on June 6, 2011, Patrick L. Capri, as administrator of the estate of Mary Capri, in place and in stead of Mary Capri and amending the caption accordingly,

Now, upon reading and filing the affirmation of Robert K. Hilton, III, Esq., dated August 25, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the petitioner is substituted nunc pro tunc.

Entered: October 26, 2011

Patricia L. Morgan, Clerk