| Allstate Ins. Co. v Lawrence Amoruso |
| Motion No: 2011-01213 nc |
| Slip Opinion No: 2012 NY Slip Op 86816(U) |
| Decided on October 5, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Allstate Insurance Company, Appellant, v Lawrence Amoruso, Respondent. |
Motion by appellant to vacate an order of this court dated January 17, 2012, which dismissed an appeal from an order of the District Court of Nassau County, First District, entered January 4, 2011, to substitute the public administrator as representative for respondent in view of his death, and, in effect, to hold the appeal in abeyance pending the substitution of a personal representative for respondent.
Upon the papers filed in support of the motion and the papers filed in partial opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the order of this court dated January 17, 2012 is granted; and it is further,
ORDERED that the branch of the motion seeking, in effect, to hold the appeal in abeyance pending the substitution of a person representative for respondent is granted (see CPLR 1015, 1021); and it is further,
ORDERED that the branch of the motion seeking to substitute the public administrator as representative for respondent is denied as appellant has not shown that letters of administration have been issued to the public administrator (see 3A Carmody-Wait 2d § 19:259).
ENTER:
Paul Kenny
Chief Clerk