Appellate Division: Second Judicial Department

M178704

E/sl

PLUMMER E. LOTT, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-01044 Beverly Silberstang, as co-executor of the estate of Ruth Hansel, plaintiff-appellant, v Francene Biderman-Gross, et al., defendants third-party plaintiffs-respondents, Shira Alevy, et al., defendants-respondents; Beverly Silberstang, et al., third-party defendants-appellants, et al., third-party defendant. (Index No. 23601/10)

DECISION & ORDER ON MOTION

Motion by Beverly Silberstang, in effect, to substitute Beverly Silberstang, as co-executor of the estate of Ruth Hansel, for the deceased plaintiff-appellant, Ruth Hansel, on an appeal from an order of the Supreme Court, Nassau County, entered December 16, 2011. Application by the defendants third-party plaintiffs-respondents to enlarge the time to serve and file a brief and to dismiss a stated portion of the appeal on the ground that it has been rendered academic.

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 granted, Beverly Silberstang, as co-executor of the estate of Ruth Hansel, is substituted for the deceased plaintiff-appellant, Ruth Hansel, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the application which is to enlarge the time to serve and file a brief is granted, the applicants' time to serve and file a brief is enlarged until September 19, 2014, and the applicants' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to dismiss a stated portion of the appeal is denied without prejudice to making a motion for that relief.

LOTT, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court