Borzellieri v Daily News, LP
Motion No: 2013-06291
Slip Opinion No: 2014 NY Slip Op 91486(U)
Decided on December 2, 2014
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

M183595

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-06291

Kenneth P. Silverman, etc., appellant,

v Daily News, LP, et al., respondents,

et al., defendants.

(Index No. 11731/12)

DECISION & ORDER ON MOTION

Motion by Kenneth P. Silverman, Chapter 7 trustee of the estate of Frank Mario Bella, also known as Frank Borzellieri, to be substituted for the appellant, Frank Borzellieri, on an appeal from an order of the Supreme Court, Queens County, dated April 22, 2013, to amend the caption accordingly, to enlarge the time to serve and file a reply brief, and for leave to serve and file a supplemental record containing certain documents.

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

ORDERED that the branches of the motion which are to substitute Kenneth P. Silverman, Chapter 7 trustee of the estate of Frank Mario Bella, also known as Frank Borzellieri, for the appellant, Frank Borzellieri, and to amend the caption accordingly are granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until December 15, 2014, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DICKERSON, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court