Nucci v Nucci
Motion No: 2012-10181
Slip Opinion No: 2013 NY Slip Op 89815(U)
Decided on October 29, 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

M164417

E/nl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-10181

Gary Nucci, respondent, v Joan A. Nucci,

as executrix of the estate of Frank A. Nucci,

appellant, et al., defendants.

(Index No. 44836/10)

DECISION & ORDER ON MOTION

Motion by Joan A. Nucci, as executrix of the estate of Frank A. Nucci, to be substituted for the deceased appellant Frank A. Nucci, as the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated July 11, 2012.

Upon the papers filed in support of the motion and no papers have been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until December 30, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MASTRO, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court