| Bartolomeo v Fidelity National Title Insurance Company |
| Motion No: 2011-06225 |
| Slip Opinion No: 2015 NY Slip Op 85155(U) |
| Decided on September 21, 2015 |
| 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
M198790
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX, JJ.
|
2011-06225 Frank Bartolomeo, et al., appellants, v Fidelity National Title Insurance Company of New York, et al., respondents. (Index No. 479/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents, in effect, pursuant to CPLR 1021 to dismiss an appeal from a judgment of the Supreme Court, Putnam County, dated May 27, 2011, for failure to timely substitute a personal representative for the deceased appellant, Frank Bartolomeo. Application by Alyce Bartolomeo, personal representative of the estate of Frank Bartolomeo, to be substituted for the deceased appellant, Frank Bartolomeo.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted, Alyce Bartolomeo, personal representative of the estate of Frank Bartolomeo, is substituted for the deceased appellant, Frank Bartolomeo, and the caption is amended accordingly; and it is further,
ORDERED that the motion is denied.
DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court