Turner v City of New York
Motion No: 2012-08459
Slip Opinion No: 2013 NY Slip Op 80517(U)
Decided on July 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M159752

E/nl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-08459

Roscoe Turner, et al., respondents-appellants,

v City of New York, et al., appellants-respondents.

(Index No. 29533/04)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 25, 2012. Application by Linda Turner, as administrator of the estate of Detron Turner, to be substituted for the deceased respondent-appellant, Detron Turner.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 motion is denied; and it is further,

ORDERED that the application is granted, Linda Turner, as administrator of the estate of Detron Turner, is substituted for the deceased respondent-appellant, Detron Turner, and the caption is amended accordingly.

RIVERA, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court