Appellate Division: Second Judicial Department

M136068

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-06057, 2011-10785 Lawrence Soldovieri, as executor of the estate of Mary V. McGovern, respondent, v Barney Flack, appellant, et al., defendant. (Index No. 11765/03)

DECISION & ORDER ON APPLICATION

Application by the respondent to substitute Lawrence Soldovieri, as executor of the estate of Mary V. McGovern, for the deceased respondent, Mary V. McGovern, on appeals from two orders of the Supreme Court, Richmond County, dated April 19, 2011, and September 19, 2011, respectively. Separate application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

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

ORDERED that the application by the respondent is granted and Lawrence Soldovieri, as executor of the estate of Mary V. McGovern, is substituted for the deceased respondent, Mary V. McGovern, and the caption is amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until June 8, 2012, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court