| Matter of New York State Division of Human Rights v INS |
| Motion No: 2015-04693 |
| Slip Opinion No: 2016 NY Slip Op 65827(U) |
| Decided on March 2, 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. |
Appellate Division: Second Judicial Department
M207266
E/sl
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2015-04693 In the Matter of New York State Division of Human Rights, petitioner, v INS Electrical Services, Inc., et al., respondents. (Index No. 17660/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent Sunrise Electrical Services, LLC, to dismiss a proceeding pursuant to Executive Law § 298 which was transferred to this Court by order of the Supreme Court, Suffolk County, entered March 31, 2015, on the ground that Denise Alberta Rochester is not a proper administrator for the estate of Charles Rochester, or alternatively, to hold the proceeding in abeyance pending the appointment of Denise Alberta Rochester as the administrator of the estate of Charles Rochester.
Upon the papers filed in support of the motion to dismiss and the papers filed in
opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to allow Denise Alberta Rochester to be appointed as administrator of the estate of Charles Rochester, pursuant to SCPA article 10, and thereafter for the Supreme Court, Suffolk County, to issue an order substituting Denise Alberta Rochester as administrator of the estate of Charles Rochester nunc pro tunc (see Kelly v Fenton, 116 AD3d 923), or to advise the Court that such an order cannot be issued; and it is further,
ORDERED that the motion is held in abeyance in the interim.
ENG, P.J., AUSTIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court