| EVELYN SONNELITTER, GARY SONNELITTER, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE, AND SONNELITTER FAMILY TRUST, V JOSEPH |
| Motion No: NOS. CA 12-00175 AND CA 12-00176 |
| Slip Opinion No: 2012 NY Slip Op 74207(U) |
| Decided on May 23, 2012 |
| 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 12-00175 AND CA 12-00176
| EVELYN SONNELITTER, GARY SONNELITTER, INDIVIDUALLY AND AS
SUCCESSOR TRUSTEE, AND SONNELITTER FAMILY TRUST, PLAINTIFFS-APPELLANTS-RESPONDENTS, V JOSEPH WHITE, INDIVIDUALLY AND AS
FORMER TRUSTEE OF THE SONNELITTER FAMILY TRUST, DEFENDANT-RESPONDENT-APPELLANT, CAROL ALABISO, GERALD MCCLAIN WHITLEY
AND MCCLAIN PROPERTIES, LLC, DEFENDANTS. |
Appellants having moved to substitute as plaintiff the Estate of Evelyn Sonnelitter, Gary Sonnelitter, Executor, on the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 26, 2011, and July 26, 2011,
Now, upon reading and filing the affirmation of Tammy L. Riddle, Esq., dated April 17, 2012, 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 dismissed with leave to renew after the letters of administration have been granted.
Entered: May 23, 2012
Frances E. Cafarell, Clerk