Appellate Division: Second Judicial Department

M128007

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-02670 Malachy P. Lyons, Jr., appellant, v Paul J. Donnelly, Jr., respondent. (Index No. 92-4806)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered February 22, 2011, on the ground that the appellant, Andrew Thaler, the bankruptcy trustee of the estate of Malachy P. Lyons, Jr., has abandoned the case and Malachy P. Lyons, Jr., lacks standing to prosecute the appeal. Separate motion by Malachy P. Lyons, Jr., to be substituted as appellant for Andrew Thaler, the bankruptcy trustee of the estate of Malachy P. Lyons, Jr., to be provided with the transcript of the proceedings without charge, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the branch of Malachy P. Lyons' motion which is to substitute Malachy P. Lyons, Jr., as appellant, for Andrew Thaler, the bankruptcy trustee of the estate of Malachy P. Lyons, Jr., is granted as the bankruptcy proceeding has been terminated, and the caption is amended as set forth above; and it is further,

ORDERED that the branch of Malachy P. Lyons' motion which is to be provided with the transcript of the proceedings without charge is denied; and it is further,

ORDERED that the branch of Malachy P. Lyons' motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until February 6, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court