| THE ESTATE OF BRENT C. CALEB, DECEASED, ROSALIE A. CALEB, EXECUTOR V SEVENSON ENVIRONMENTAL SERVICES, INC. |
| Motion No: CA 13-00034 |
| Slip Opinion No: 2013 NY Slip Op 79987(U) |
| Decided on July 17, 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
DOCKET NO. CA 13-00034
| THE ESTATE OF BRENT C. CALEB, DECEASED, ROSALIE A. CALEB,
EXECUTOR, PLAINTIFF-RESPONDENT, V SEVENSON ENVIRONMENTAL SERVICES, INC.,
DEFENDANT-APPELLANT. |
Appellant having moved to substitute the Estate of Brent C. Caleb, Deceased, Rosalie A. Caleb, Executor in place of Brent C. Caleb as a plaintiff-respondent, to lift the stay of proceedings, and to vacate the dismissal of the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on May 2, 2012, Now, upon reading and filing the affidavit of Edward P. Perlman, Esq., sworn to June 12, 2013, the affidavits of Edward J. Markarian, Esq., sworn to June 12, 2013, and June 20, 2013, the notice of motion with proof of service thereof, and the affidavit of Melissa L. Vincton, Esq., sworn to June 19, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to substitute the Estate of Brent C. Caleb, Deceased, Rosalie A. Caleb, Executor, as plaintiff-respondent is granted, and
It is further ORDERED that the motion insofar as it seeks to lift the stay is granted, and
It is further ORDERED that the stay is lifted nunc pro tunc as of June 4, 2013, and
It is further ORDERED that the motion insofar as it seeks to vacate dismissal is dismissed as premature due to the stay that commenced on June 17, 2012.
Entered: July 17, 2013
Frances E. Cafarell, Clerk