Garces v Allen Health Care Services
Motion No: 2012-00924
Slip Opinion No: 2016 NY Slip Op 60386(U)
Decided on January 7, 2016
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

M204051

E/ct

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-00924, 2012-05780

Luis Sergio Garces, etc., appellant,

v Allen Health Care Services, etc.,

et al., respondents.

(Index No. 18786/08)

DECISION & ORDER ON MOTION

Motion by Luis Sergio Garces, personal representative of the estate of Fresia Catalan, to be substituted for the deceased appellant, Fresia Catalan, on appeals from two orders of the Supreme Court, Kings County, dated December 15, 2011, and April 27, 2012, respectively, and to amend the caption accordingly.

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

ORDERED that the motion is granted, Luis Sergio Garces, personal representative of the estate of Fresia Catalan, is substituted for the deceased appellant, Fresia Catalan, and the caption is amended accordingly; and it is further,

ORDERED that on the Court's own motion, and the respondents' time to serve and file their respective briefs is enlarged until February 3, 2016, and the respondents' briefs, of any, must be served and filed on or before that date.

BALKIN, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court