Midgley v Phillips
Motion No: 2013-06134
Slip Opinion No: 2016 NY Slip Op 69033(U)
Decided on April 1, 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

M209051

P/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2013-06134, 2014-00093

Sandra J. Midgley, as executor of the estate of

William S. Midgley, Jr., respondent, v Charles

L. Phillips, et al., defendants, Robert E. Sayre

and Donald R. Sayre, as co-executors of the

estate of Diane Slavonik, et al., appellants.

(Index No. 9933/09)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated April 12, 2013, and October 15, 2013, respectively.

On the Court's own motion, it is

ORDERED that Sandra J. Midgley, as executor of the estate of William S. Midgley, Jr., is substituted for the deceased respondent William S. Midgley, Jr.; and it is further,

ORDERED that Robert E. Sayre and Donald R. Sayre, as co-executors of the estate of Diane Slavonik, are substituted for the deceased appellant Diane Slavonik; and it is further,

ORDERED that the caption is amended accordingly.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court