| Chirco v City of Long Beach |
| Motion No: 2011-00735 |
| Slip Opinion No: 2012 NY Slip Op 75913(U) |
| Decided on June 12, 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. |
Appellate Division: Second Judicial Department
M138960
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2011-00735 Dino Alberto Chirco, Joseph Louis Chirco, and Louis Joseph Chirco III, as executors of the estate of Roberta Chirco, appellants, v City of Long Beach, respondent. (Index No. 4551/09)
| DECISION & ORDER ON MOTION |
Motion by the Dino Alberto Chirco, Joseph Louis Chirco, and Louis Joseph Chirco III, as executors of the estate of Roberta Chirco, in effect, to substitute Dino Alberto Chirco, Joseph Louis Chirco, and Louis Joseph Chirco III, as executors of the estate of Roberta Chirco, for the deceased appellant, Roberta Chirco, and to amend the caption accordingly, on an appeal from an order of the Supreme Court, Nassau County, entered November 19, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, Dino Alberto Chirco, Joseph Louis Chirco, and Louis Joseph Chirco III, as executors of the estate of Roberta Chirco, are substituted for the deceased appellant, Roberta Chirco, and the caption is amended accordingly; and it is further,
ORDERED that on or before June 26, 2012, the appellants shall notify the Court in writing that they either have retained Morici & Morici, LLP, to represent them on the appeal, have retained new counsel to represent them on the appeal, or will appear pro se; and it is further,
On ORDERED that on or before July13, 2011, the appellants' new attorney or the appellants, if they elect to appear pro se, shall advise the Clerk of this Court, in writing, whether they will adopt the brief filed by former counsel or wish to file a new or supplemental brief; and it is further,
ORDERED that in the event that the appellants do not advise the Clerk of this Court in accordance with the above, the appellants will be deemed to be appearing pro se and to have adopted the brief filed by former counsel; and it is further,
ORDERED that on the Court's own motion, the appellants' time to serve and file a reply brief is enlarged until August 1, 2012, and the reply brief, if any, must be served and filed on or before that date.
RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court