| Benedict v Whitman Breed Abbott & Morgan |
| Motion No: 2009-01639 |
| Slip Opinion No: 2013 NY Slip Op 63666(U) |
| Decided on February 5, 2013 |
| 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
M150306
/sl
|
2009-01639, 2009-02782
Patricia E. Benedict, et al., appellants, v Whitman Breed Abbott & Morgan, et al., defendants, Timothy Piemonte, as administrator ad prosequendum of the estate of Richard A. Piemonte, defendant third-party plaintiff-respondent, Estate of Louis Amaducci, et al., respondents; Patrick J. Carr, as executor of the estate of Elena Duke Benedict, third-party defendant-respondent. (Index No. 97-1514)
| ORDER ON APPLICATION |
Application by the appellants, on appeals from two judgments of the Supreme Court, Westchester County, dated December 31, 2008, and January 28, 2009, respectively, in effect, to substitute Timothy Piemonte, as administrator ad prosequendum of the estate of Richard A. Piemonte, for the deceased defendant-respondent Richard A. Piemonte, and to amend the caption accordingly.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted, Timothy Piemonte, as administrator ad prosequendum of the estate of Richard A. Piemonte, is substituted for the deceased defendant-respondent Richard A. Piemonte, and the caption is amended accordingly.
ENTER:
Aprilanne Agostino
Clerk of the Court