Steven Miranda, As Adm'r of Estate of Joseph Miranda v Smyrna Bldg. Corp., Nasser Yaghoobzadeh & Victor Freudman

Steven Miranda, As Adm'r of Estate of Joseph Miranda v Smyrna Bldg. Corp., Nasser Yaghoobzadeh & Victor Freudman

Motion No: 2011-01986 ric

Slip Opinion No: 2012 NY Slip Op 74227(U)

Decided on May 16, 2012

Appellate Term, 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.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2011-1986 RI C

Steven Miranda, as Administrator of the Estate of Joseph Miranda, Respondent, v Smyrna Building Corp., Nasser Yaghoobzadeh and Victor Freudman, Appellants.

Motion by Steven Miranda, administrator of the estate of Joseph Miranda, to be substituted for the deceased plaintiffs, Joseph Miranda and Belle Miranda, on appeals from a decision of the Civil Court of the City of New York, Richmond County, dated March 10, 2010, and a judgment of the same court entered March 15, 2010, to amend the caption, and for an enlargement of time to serve and file a respondent's brief.

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

ORDERED, on the court's own motion, that the appeal from the decision is dismissed on the ground that no appeal lies from a decision (see CCA 1702); and it is further,

ORDERED that the branch of the motion seeking substitution is granted, Steven Miranda, as administrator of the estate of Joseph Miranda, is substituted for the deceased plaintiffs, Joseph Miranda and Belle Miranda, the latter's assets having passed to the former by operation of law, and the caption has been amended accordingly; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted and the brief shall be served and filed within 21 days from the date of this decision and order; and it is further,

ORDERED that appellants, if they be so advised, may serve and file a reply brief within 14 days after the date the respondent's brief is due to be served pursuant to this decision and order.

ENTER:

Paul Kenny

Chief Clerk