Appellate Division: Second Judicial Department

M183088

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-09226 William J. Carlin, Jr., etc., respondent, v Hereford Insurance Company, appellant. (Index No. 2766/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Putnam County, entered August 16, 2010, to substitute William J. Carlin, Jr., as personal representative for the deceased respondent, Sharon Haidei, and to lift the stay of all proceedings on the appeal.

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

ORDERED that the branch of the motion which is to substitute William J. Carlin, Jr., as personal representative for the deceased respondent, Sharon Haidei, is granted, the caption is amended accordingly, and on or before December 22, 2014, William J. Carlin, Jr., shall either (1) advise the Court, in writing, that he is adopting the brief filed by the deceased respondent's former counsel, (2) advise the Court, in writing, that he is adopting the brief filed by the deceased respondent's former counsel and serve and file a supplemental brief, or (3) serve and file a replacement brief; and it is further,

ORDERED that in the event that William J. Carlin, Jr., fails to comply with the foregoing provision, the appeal will be deemed submitted on the briefs filed by the deceased respondent's former counsel; and it is further,

ORDERED that the branch of the motion which is to lift the stay of all the proceedings on the appeal is denied as unnecessary.

MASTRO, J.P., RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court