Appellate Division: Second Judicial Department

M147826

P/nl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-11392 DE Frank A. Lupino, etc., respondent-appellant, v Marjorie Vaccarelli, et al., appellants- respondents. (Index No. 29277/09)

CISION & ORDER ON MOTION

Application by the appellants-respondents to substitute Constance Macchia, as executor of the estate of Florence Trotta, for the deceased appellant-respondent Florence Trotta, on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated September 2, 2011, and to amend the caption accordingly.

Upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the application is granted, Constance Macchia, as executor of the estate of Florence Trotta, is substituted for the deceased appellant-respondent Florence Trotta, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the appellants-respondents' time to perfect the appeal is enlarged until January 7, 2013, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court