Appellate Division: Second Judicial Department

M215760

T/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JOSEPH J. MALTESE, JJ.

2013-08788 Peggy Nestor, etc., appellant, v Putney Twombly Hall & Hirson, LLP, et al., respondents, et al., defendants. (Index No. 601731/12)

DECISION & ORDER ON MOTION

Motion by Peggy Nestor, as successor administrator of the estate of Oleg Cassini, to be substituted for Marianne Nestor Cassini, as administrator of the estate of Oleg Cassini, on an appeal from an order of the Supreme Court, Nassau County, entered July 2, 2013, to restore the appeal to active status, and to enlarge the time to perfect the appeal. Cross motion by the respondents to dismiss the appeal for failure to timely substitute Peggy Nestor, as successor administrator of the estate of Oleg Cassini, for Marianne Nestor Cassini, as administrator of the estate of Oleg Cassini.

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

ORDERED that the motion is granted, Peggy Nestor, as successor administrator of the estate of Oleg Cassini, is substituted for Marianne Nestor Cassini, as administrator of the estate of Oleg Cassini, the caption is amended accordingly, the appeal is restored to active status, the time to perfect the appeal is enlarged until September 16, 2016, and the record or appendix on the appeal and the appellant's brief must be served and file on or before that date; and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., DICKERSON, AUSTIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court