| THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY SONNELITTER, EXECUTOR, AND SONNELITTER FAMILY TRUST, V JOSEPH WHITE |
| Motion No: NOS. CA 12-00175 AND CA 12-00176 |
| Slip Opinion No: 2013 NY Slip Op 70764(U) |
| Decided on April 15, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 12-00175 AND CA 12-00176
| THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY
SONNELITTER, EXECUTOR, AND SONNELITTER FAMILY TRUST, PLAINTIFFS-APPELLANTS-RESPONDENTS, V JOSEPH WHITE,
INDIVIDUALLY, AND AS FORMER TRUSTEE OF THE SONNELITTER FAMILY TRUST, DEFENDANT-RESPONDENT-APPELLANT, CAROL ALABISO,
GERALD MCCLAIN WHITLEY AND MCCLAIN PROPERTIES, LLC, DEFENDANTS. |
John J. Keenan, Esq., having moved to substitute the estate of Joseph White, deceased, Carol Alabiso, executor, for Joseph White, individually and as former trustee of the Sonnelitter Family Trust, on the appeals taken herein from an order and a judgment of Supreme Court entered in the Office of the Clerk of the County of Niagara on May 26, 2011, and July 26, 2011,
Now, upon reading and filing the affidavit of John J. Keenan, Esq., sworn to March 6, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed with leave for the estate of Joseph White, deceased, Carol Alabiso, executor, to make a new motion for the same relief that includes proof that the attorney making the motion is the attorney for the estate of Joseph White, deceased, Carol Alabiso, executor (see CPLR 1021; Hemphill v Rock, 87 AD2d 836; Hyman v Booth Mem. Hosp., 306 AD2d 438).
Entered: April 15, 2013
Frances E. Cafarell, Clerk