Rigano v Vibar Construction, Inc.
Motion No: 2011-09478
Slip Opinion No: 2012 NY Slip Op 70551(U)
Decided on April 18, 2012
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

M136380

P/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-09478

DECISION & ORDER ON APPLICATION

Delilah Rigano, as administrator of the

estate of Nicholas Rigano, also known as

Nick Rigano, respondent, v Vibar

Construction, Inc., appellant.

(Index No. 10-18924)

Joint application by the appellant and the respondent to substitute Delilah Rigano, as administrator of the estate of Nicholas Rigano, also known as Nick Rigano, for the deceased respondent Nick Rigano and, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated September 8, 2011.

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

ORDERED that the application is granted, Delilah Rigano, as administrator of the estate of Nicholas Rigano, also known as Nick Rigano, is substituted for the deceased respondent Nick Rigano, and the caption is amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 18, 2012, and the record or appendix on the appeal 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