| Howard Rabin, As Ex'r of Estate of Bernadine Rabin v Norman C. Rabin |
| Motion No: 2013-02710 NC |
| Slip Opinion No: 2014 NY Slip Op 93580(U) |
| Decided on December 18, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Howard Rabin, as Executor of the Estate of Bernadine Rabin, Respondent, v Norman C. Rabin, Appellant. |
Motion by respondent to dismiss an appeal from an order of the District Court of Nassau County, First District, dated October 18, 2013; for leave to amend the caption to reflect that the petitioner in this proceeding is Howard Rabin, as executor of the estate of Bernadine Rabin; in effect, to modify the terms of a stay granted by decision and order on motion of this court dated July 25, 2014 so as to require appellant to post an undertaking or, in the alternative, for other relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to amend the caption to reflect that the petitioner in this proceeding is Howard Rabin, as executor of the estate of Bernadine Rabin, is granted, and the caption has been amended accordingly; and it is further,
ORDERED that the remainder of the motion is denied.
ENTER:
Paul Kenny
Chief Clerk