| UMS Solutions, Inc. v Biosound Esaote, Inc. |
| Motion No: 2012-11153 |
| Slip Opinion No: 2014 NY Slip Op 93350(U) |
| Decided on December 18, 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. |
Appellate Division: Second Judicial Department
M184621
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
COLLEEN D. DUFFY
JEFFREY A. COHEN, JJ.
|
2012-11153 UMS Solutions, Inc., etc., et al., appellants, v Biosound Esaote, Inc., et al., defendants, Robert Fishel, etc., et al., respondents.
(Index No. 12-11590)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated October 9, 2012, to substitute Robert Fishel and Donna Fishel, as temporary administrators of the estate of Jeff Fishel, the deceased respondent, for the limited purpose of withdrawing their appeal insofar as taken against Jeff Fishel, to lift the stay of proceedings pursuant to CPLR 1021, to withdraw their appeal insofar as taken against Jeff Fishel and Michael Collins, to amend the caption accordingly, and to enlarge the time to perfect the appeal, insofar as taken against the remaining respondent.
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ORDERED that the motion is granted, the stay is lifted, the appeal is marked withdrawn insofar as taken against Jeff Fishel and Michael Collins, and the caption is amended accordingly; and it is further,
ORDERED that the time to perfect the appeal is enlarged until January 20, 2015, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
RIVERA, J.P., HALL, DUFFY and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court