| Linda Osborn v James W. Badie, As Adm'r of Estate of Claude Badie, & Ottilie Badie |
| Motion No: 2015-00114 WC |
| Slip Opinion No: 2016 NY Slip Op 73452(U) |
| Decided on May 4, 2016 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Linda Osborn, Respondent, v James W. Badie, as Administrator of the Estate of Claude Badie, and Ottilie Badie, Appellants. |
Motion by James W. Badie, personal representative of the estate of Claude Badie, to be substituted for the deceased appellant Claude Badie, and to reinstate an appeal from an order of the Justice Court of the Village of Hastings-On-Hudson, Westchester County, entered July 9, 2014. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 14, 2015. By decision and order on motion of this court dated February 22, 2016, the appeal was dismissed without prejudice to reinstatement within 90 days upon a motion by a personal representative for the deceased appellant.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, the appeal is reinstated and shall be perfected by July 1, 2016, James W. Badie, personal representative of the estate of Claude Badie, is substituted for the deceased appellant, Claude Badie, and the caption is amended accordingly.
ENTER:
Paul Kenny
Chief Clerk