Appellate Division: Second Judicial Department

M192798

E/ct

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2012-05183 James D. Kelly, et al., appellants, v Kimberly Fenton, etc., et al., respondents, et al., defendants. (Index No. 33833/08)

DECISION & ORDER ON MOTION

2015-01804

Susan Kelly, etc., appellant, v Kimberly

Fenton, etc., et al., respondents.

(Index No. 33833/08)

Motion by the appellant Susan Kelly on appeals from an order of the Supreme Court, Kings County, dated March 30, 2012, which was determined by decision and order of this Court dated April 23, 2014, and an order of the same court dated November 20, 2014, to substitute herself, as administrator of the estate of James D. Kelly, for the deceased appellant James D. Kelly, nunc pro tunc, as of the date of his death, with respect to the appeal from the order dated March 30, 2012.

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 held in abeyance pending hearing and determination of the appeal from the order; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the order dated November 20, 2014, is enlarged until July 16, 2015, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents shall serve and file their briefs, if any, in connection with the appeal from the order on or before August 17, 2015; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, in connection with the appeal from the order on or before September 1, 2015.

MASTRO, J.P., DICKERSON, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court