Kim Darrow & Heath Sones v Birchwood Rest., Inc. Etc. & James Loo
Motion No: 2013-00611 SC
Slip Opinion No: 2014 NY Slip Op 62102(U)
Decided on January 13, 2014
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

ANGELA G. IANNACCI

ANTHONY MARANO, JJ.

DECISION & ORDER ON MOTION

2012-CIV- 66
2013-611 S C
Kim Darrow and Heath Sones, Respondents, v Birchwood Restaurant, Inc. etc. and James Loo, Appellants.

Appellants having appealed to this court from a judgment of the Justice Court of the Town of Riverhead, Suffolk County, entered January 10, 2013, the appeal having been placed on the January 16, 2014 Ready Day Calendar, and this court having been notified that appellant James Loo is deceased,

Now, on the court's own motion, it is

ORDERED that the appeal is stricken from the January 16, 2014 Ready Day Calendar and held in abeyance pending the substitution of a personal representative for the deceased appellant (see CPLR 1015, 1021).

ENTER:

Paul Kenny

Chief Clerk