Appellate Division: Second Judicial Department

M155233

E/ct

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-05832 Lucy Assevero, as administratrix of the estate of Hugh Assevero, appellant, v Hamilton & Church Properties, LLC, respondent (and other titles). (Index No. 33051/08)

DECISION & ORDER ON MOTION

Motion by Lucy Assevero, as administratrix of the estate of Hugh Assevero, to be substituted for the deceased appellant, Hugh Assevero, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2013 Calendar," dated February 19, 2013, as dismissed Hugh Assevero's appeal from an order of the Supreme Court, Kings County, dated April 27, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, to enlarge the time to perfect that appeal.

Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that Lucy Assevero, as administratrix of the estate of Hugh Assevero, is substituted for the deceased appellant, Hugh Assevero, and the caption is amended accordingly; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated February 19, 2013, as dismissed the appeal, is recalled and vacated, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until May 30, 2013, and the record on appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court